Last week, we mentioned that it is possible to file for a visa as an extended family member or friend of the applicant. A very popular way to do this is to submit a petition on their behalf to prove your relationship with them.
With the ever-increasing amount of restrictions placed upon foreign visitors to America, being able to provide proof of a close friendship has become more important than ever before.
In fact, there are even websites where you can pay to have yourself submitted as a potential roommate or housemate due to this exact reason!
Sadly, one individual who paid to be put up as a roommate lost his life earlier today.
He died in a car accident while driving back home from work. Not only did he leave behind a grieving wife and two young children, but he also left no will nor any assets to help his loved ones make arrangements.
As such, his body was not claimed by anyone else and instead decommitted, leaving his friends and relatives to grieve privately once again.
We are beyond saddened to report this news and send our condolences to his family at this difficult time.
It is our hope that these lessons learned will help you address this situation if faced with similar circumstances in the future. So without further ado, let’s dive into what happened and how you can prevent something like this from happening to you or someone close to you.
According to reports, she was found unresponsive in her home early this morning by her housekeeper. She had apparently been dead for several hours at that time. Police were called immediately and they are investigating the death as suspicious.
The woman has been identified as 38-year old Tawny Robinson of Aurora, Colorado. Ms. Robinson worked as an attorney with Legal Aid Society of The City & County of Denver. Her job included helping immigrants get citizenship and work visas.
She is survived by two children.
Due to an unexpected death of the petitioner in this case, we are issuing our very next update! The passing of their petitioner has put our firm in a position where we need to ask for a new start date. This is due to us not being able to gather enough evidence proving they had lived in Canada as a canadian citizen and house holder.
We will be requesting a new filing deadline which is typically one year from when the application was filed. In addition, we must also request a six month extension to allow time to collect documents and testimony to prove residency.
This means that if you have already paid to prepare your files, then you may want to consider re-filing or even applying somewhere else. It’s always best to be protected just in case something happens. We understand how frustrating it can be waiting for your file to move forward, but these changes occur so unfortunately part of immigration life.
If you would like help with preparing your case, please don’t hesitate to get in touch! We are here to help you through what can sometimes feel like a never ending process.
As mentioned earlier, if your petitioner passes away before you start the process, you will need to determine whether or not that person’s death was likely caused by their engagement in active terrorist activities.
If so, then you must begin the F1 visa application process over again! You will have to prove that there is no possible way for you to fulfill the requirements of the F2 visa due to the loss of your principal.
This can be tricky as it depends on how close you were to your petitioned-for individual when they passed away, but you will need to make sure that you cannot fulfill those criteria after their passing.
For instance, if your fiancé died years ago and you are still planning on moving forward with the marriage, then that may invalidate your case. Make sure to check out our article about tips for surviving a major life change.
Even though this petitioner has been declared dead, his or her death may still have an impact on your immigration status. If you are married to or in a relationship with him or her, they could potentially be considered dependents.
If their dependent status is removed, then you can reapply for immigrant visas as a family member. This would also apply if their estate was settled after their death.
So even though there is no longer a formal petition process going on, it’s not too late! You can begin the process again by contacting a professional services company about filing I-130 applications or VISA NEXUS requests.
As a beneficiary, you have a few different options depending on what happens to your petitioner friend. You can choose to remain in the United States or return home, re-enter the country as a tourist, or apply for other visas.
If he/she died abroad, then you are no longer eligible for immigrant status so you cannot stay in the US. You will need to consider whether it is worth it to try to work while waiting for citizenship because you could be spending several years working without residency!
It’s also important to understand that even though your visa may expire, this does not necessarily mean you lose permanent resident status. A student visa holder who has expired documents must still prove they intend to go back to their home country before they are removed from the USA.
As mentioned before, filing as the principal applicant is not very professional and may hurt your chances of getting approval for this visa. If you are still determined to file even though you know it could cost you, make sure that you only use trusted sources to find out information about these regulations.
There is no need to drag more attention to yourself by publishing information online that can be found anywhere at any time. Doing so may negatively affect your career or even get you in trouble with immigration laws.
Sources such as employers, family members, and friends who have used Anshuman’s firm’s services can provide valuable insights into how well prepared you would be to handle interview questions if asked.
Their feedback will help you determine whether you are ready to take on this responsibility and whether you should continue pursuing your goal of coming to America.
Even though you have been notified that your petitioner has passed, you can still complete the process to obtain an F-1 visa! The F-1 VISA application process will be delayed slightly while extra precautions are taken, but you can continue working on your plan.
It is important to note that even if there was no formal notification of death, it does not mean that your applicant’s life ended. All people listed in the petition must remain alive until after the immigration process so we recommend staying up-to-date on their health as best possible.
If for some reason they pass away before the processing time is over, then you can repeat this process with another individual or group of individuals. We suggest using the same person or group each time to avoid creating more red flags.
If you have already submitted your F-1 or F2 nonimmigrant visa petition, and then find out that your petitioner has died, what do you do next?
First, make sure to let your attorney know as soon as possible!
It is very important for you to understand your legal rights in this situation so you do not waste any time finding new representation.
You will want to be able to hire another lawyer as quickly as possible because there are restrictions on how long you can remain in the U.S. due to the death of your principal alien sponsor.
In some cases, it may even be impossible to get an immigrant visa after a significant life change like the loss of a spouse or close family member.
Legal steps depend on which country your petitioner resides in as well as their national law. Some countries automatically grant citizenship upon death while others require formal processes to occur first.