Widow daughter-in-law immigration help needed.

[yoog]

I am US citizen and filed for my son and his family on family based in Feb-2007. Unfortunately my son expired in Dec-2012. I would like to know if the file is still valid for the rest of deceased son's family (daughter-in-law and children) for immigration to the USA. Is there any special procedure needed, if any?

[rayb]

Since your wife's wife and children were "derivative visa" status and not primary case immigrants, they are not eligible for continuation of visa processing.

--Ray B

I am US citizen and filed for my son and his family on family based in Feb-2007. Unfortunately my son expired in Dec-2012. I would like to know if the file is still valid for the rest of deceased son's family (daughter-in-law and children) for immigration to the USA. Is there any special procedure needed, if any?

[Joy4u]

I am US citizen and filed for my son and his family on family based in Feb-2007. Unfortunately my son expired in Dec-2012. I would like to know if the file is still valid for the rest of deceased son's family (daughter-in-law and children) for immigration to the USA. Is there any special procedure needed, if any?

Sorry to know your loss. I think your dauther-in-law and the kids still have a chance to get the visa.
Had I been in your place, I would have consulted an immigration lawyer ASAP. Wishing the kids and your daughter-in-law best of luck for their future.

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Since your wife's wife and children were "derivative visa" status and not primary case immigrants, they are not eligible for continuation of visa processing.

--Ray B

Ray B --- This is not correct. The daughter-in-law and her minor kids are still eligible for visa.

[rayb]

I'll admit that my post was based on older immigration rules for survivors of a principal beneficiary losing eligibility when the primary beneficiary dies. But I don't think the surviving wife and children are going to be an easy visa issuance. It gives a very positive interpretation of immigration regulations, but getting a survivor visa will depend on other factors he doesn't mention on his website, or only hints at. Almost three years have passed since the death of the husband. A widow visa eligibility ends after two years from death of a husband. I doubt that the provisions for spouses and children of a deceased primary beneficiary will be any more generous than the widow visa law passed about 8 or so years ago after U.S. military deaths in Afghanistan resulted in threats of deportation for their surviving spouses.

USCIS approval of surviving relatives is not automatic, but is based on USCIS discretion. There is no "form" to fill out for this benefit, but a very good attorney can probably make a good case for approval.
Gurfinkel's office has a track record for taking advantage of such discretionary options as this one, but he is not cheap.

--Ray B

Sorry to know your loss. I think your dauther-in-law and the kids still have a chance to get the visa. Please check the following link

Had I been in your place, I would have consulted an immigration lawyer ASAP. Wishing the kids and your daughter-in-law best of luck for their future.

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Ray B --- This is not correct. The daughter-in-law and her minor kids are still eligible for visa.

[Joy4u]

I'll admit that my post was based on older immigration rules for survivors of a principal beneficiary losing eligibility when the primary beneficiary dies. But I don't think the surviving wife and children are going to be an easy visa issuance. It gives a very positive interpretation of immigration regulations, but getting a survivor visa will depend on other factors he doesn't mention on his website, or only hints at. Almost three years have passed since the death of the husband. A widow visa eligibility ends after two years from death of a husband. I doubt that the provisions for spouses and children of a deceased primary beneficiary will be any more generous than the widow visa law passed about 8 or so years ago after U.S. military deaths in Afghanistan resulted in threats of deportation for their surviving spouses.

USCIS approval of surviving relatives is not automatic, but is based on USCIS discretion. There is no "form" to fill out for this benefit, but a very good attorney can probably make a good case for approval.
Gurfinkel's office has a track record for taking advantage of such discretionary options as this one, but he is not cheap.

--Ray B

Thanks for your detailed response

[yoog]

Thanks

Thanks to all of you. I still have a hope and will try to contact lawyer. Can someone refer to a good lawyer please?