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Status of GC Dependents if the application is in process

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  • Status of GC Dependents if the application is in process

    Hello,

    My GC is in progress. Me and My dependents have got EAD/AP. GC is still in process.

    Just wanted to know what happens

    1) if primary applicants dies before the GC is approved ? what is the status of Dependents ?
    if primary applicants dies after the GC is approved ? Can dependents process their citizenship individually ?
    2) If Couple get separated before the GC is approved what status of dependents ?
    3) If Couple get separated before the GC is approved can the Kid be transferred to F1 to continue College ?
    4) If Couple get separated after the GC is approved (before Citizenship) Can dependents process their citizenship individually ?


  • #2
    I guess the case is EB.

    From what I read:
    1) if the principal dies before GC, then all dependents will not be able to get GC and should return to the home country. If the primary dies after GC is approved, each dependent GC holder can continue with the GC and after 5 years process their citizenship.
    2) I guess the primary can withdraw the spouse application and keep the children's application.
    3) It will be hard for someone to transfer (or get) F1, maybe they can convince an official that they will return to their home country after they finish their studies but the officer can deny the F1 application
    4) once each has the GC, then each can decide if they want to process their citizenship and when. At least 5 years after getting the GC.

    I hope someone with more experience can give you more information.
    Nov 2018 - Package sent - EB - Texas Service Center
    Day 1 - Package received at the lockbox
    Day 999 - Card delivered to me - Aug 2021
    ---
    All my posts are based on my experience or information I read on the forums or the USCIS website. I may be wrong. Please consult a professional.

    Comment


    • #3
      1. If the principal beneficiary dies before becoming a permanent resident, the whole petition dies. But if at least one derivative beneficiary was residing in the US at the time of the principal beneficiary's death, and continues to reside in the US, they can get the petition reinstated through INA 204(l) reinstatement. If the principal beneficiary dies after becoming a permanent resident, the derivative beneficiaries can still immigrate.
      2. What does "separate" mean? If they are divorced before the spouse immigrates, then the spouse can no longer immigrate as a derivative beneficiary. If they are not yet divorced and just on bad terms, the spouse can still immigrate as a derivative beneficiary.

      This is my personal opinion and is not to be construed as legal advice.

      Comment

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