Is my pending petition still valid if my petitioner father died already. He is a naturalized Fil. WW2 veteran?
Answer:
Sorry, but the petition is revoked automatically when the petitioner dies. You can appeal to the consular officer to request reinstatement, but that happens only rarely:
"9 FAM 42.42 N2.2-3 Upon Death of Petitioner
(CT:VISA-677; 01-25-2005)
The death of a petitioner in a family-based petition case prior to the beneficiary’s admission to the United States results in the automatic revocation of the petition and loss of the beneficiary’s priority date obtained on the basis of that petition. However, if the consular officer believes that special humanitarian reasons exist which would warrant consideration by DHS of reinstatement of the petition, the consular officer shall prepare a memorandum requesting such consideration and forward it with the petition to the DHS office having regional jurisdiction. (See 9 FAM 42.42 N5.1 and 9 FAM 42.42 PN2.)"
I am not sure coz I can't seem to find the page that supports my answer. But from what I know, the petition will die with the petitioner. Do you know how many Fil-Am vets die of old age away from their families in the US? No one there to assist them, to comfort them at all. Something has to be done about this.**
I am sorry to tell you but once you father passed so did the petition. If you have any other immediate family member they can still petition for you.
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