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

    Pro

    Contributor Level 20

    8

    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

    Pro

    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.

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