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

Brooklyn, NY |

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?

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Filed under: Immigration
Attorney answers 3

Posted

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.

Asker

Posted

Thanks for the response. Now, since the interview is scheduled, can we just bring in the new affidavit of support to the interview? And at what point at the interview should we advice interview officer of the death of the petitioner?

Asker

Posted

Also, does this delay the process any further after the interview?

Giacomo Jacques Behar

Giacomo Jacques Behar

Posted

If you are not going to mark my answer at least as "Helpful" there is no point in continuing this discussion.

Asker

Posted

Pardon me... Sincere apologies... I have been on here for only a few minutes and have not yet navigated the site. I had not even noticed the option but have now gone ahead and acted accordingly. I thought my initial response would suffice as gratitude.

Giacomo Jacques Behar

Giacomo Jacques Behar

Posted

No problem. Yes, a new affidavit of support will need to be presented at the time of the interview. Don't worry, there is a new law that passed a few years ago which protects beneficiaries whose sponsor-petitioner unexpectedly passed away. Will not delay the process after the interview. For more specifics and custom tailors advice, schedule a Skype consultation with an experienced immigration lawyer.

Asker

Posted

Thank you!

Posted

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.

L. Vincent Ramunno Jr.

L. Vincent Ramunno Jr.

Posted

Sorry, mistyped your name, I obviously meant Brost, hit the wrong key.

Gunda Johanna Brost

Gunda Johanna Brost

Posted

Np.

Posted

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