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Ice on Immigration: Family visits from abroad for terminal illness

By L. Patricia Ice, Featured Columnist

Question:  I am a lawful permanent resident who has been diagnosed with a terminal illness.  My doctor said I might only live for six more months.  Two years ago, I filed an I-130 Petition for Alien Relative for my spouse and children, who are still in our native country.  The I- 130 petition has already been approved.  However, due to the U.S. immigration preference system, my family members will be on a waiting list for about three or four more years before they will be eligible to receive an immigrant visa to come to the United States.  Will my family members be able to come to the United States if I die before their priority date comes current and they are eligible to receive an immigrant visa?

Answer:  Hopefully so.  The general rule is that if the lawful permanent resident or United States citizen I-130 petitioner dies before the beneficiary becomes eligible to receive an immigrant visa or adjust status to permanent resident, the government automatically revokes the petition and the beneficiary is not be able to obtain the visa or adjust to permanent resident status.  There may be an exception to the rule based upon humanitarian reasons if the government approved the I-130 petition prior to the death of the petitioner, such as in your case.  Additional exceptions to the revocation rule may exist if the I-130 petitioner was a United States citizen.  Several factors are considered when the government decides to issue an immigrant visa based upon humanitarian reasons after the death of the petitioner.  Such factors may include, among others, the number of other family members who are already in the United States and whether the family has a fear of remaining in the native country.   I suggest that you contact and meet with an immigration attorney or BIA accredited representative to discuss your particular case and see what options you and your family members might have.