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What do I do if interview already scheduled but petitioner has died?

Brooklyn, NY |
Filed under: Immigration

My family just received an interview appointment, 3 days after the death of the petitioner. What should we do now that everything has been turned over to the consulate in our home country and are no longer with NVC?

Attorney Answers 3

  1. The petition itself will not die, don't worry! You now need to find another sponsor to "step into the shoes" of the original petitioner for affidavit of support purposes. Hopefully that can be another family member, if not, just about anyone who meets the affidavit of support's financial requirements.

    Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

  2. The petition does not necessarily die when the petitioner does. Find someone to take over.

    Gunda J. Brost Brost Law Office This advice does not form an attorney-client relationship and is merely informative. It should not by itself be relied upon to address a legal concern.

  3. Mr. Behar and Ms. Grost have given you fine advice, id just add, consider consulting a local attorney asap.

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