What if the principal beneficary dies before visa interview, can her kids still get visa to travel?

Asked over 3 years ago - Chicago, IL

I applied for an immigration visa for my married daughter along with her husband and 6 kids. All under age 21. My daughter case was approved in 2005 and her priority date had matured and was awaiting for her interview. Unfortunately last month she passed away. I was wondering if her kids and\or husband would still be allowed to immigrate or is the case now over since my daughter was the principal beneficary? I would really like to bring my grand kids to America. Please let me know.

Attorney answers (2)

  1. Carl Michael Shusterman


    Contributor Level 20


    Lawyers agree

    Answered . It may be a "longshot", but they could apply to have the visa petition reinstated for humanitarian reasons.

  2. Craig Randall Shagin


    Contributor Level 13

    Answered . Sadly, I think not. The children and spouse of your daughter were "dependents" and, therefore, "accompanying or following to join" your daughter. She was never issued a visa and never was admitted to the United States. Thus, I think they will not be admitted or issued a visa. However, before giving up entirely, you may wish to speak to an immigration lawyer to see if there is any alternative means to bring them in.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

23,806 answers this week

2,797 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

23,806 answers this week

2,797 attorneys answering