Moving forward with petitions for deceased relatives

Ipetitioned for my brother, but once the consulate called him for an interview they had to cancel because of the coronavirus lockdown. My brother then died. He included his children in his application for an immigrant visa. Can they still get their visas after lockdown?

Ahmed, Staten Island I’m sorry to hear about your brother. Unfortunately, your nephews cannot immigrate now that your brother has died. The law sometimes allows a case to continue when a petitioner (in this case, you) dies. However, when a beneficiary of a petition dies his derivative beneficiaries —unmarried children under 21 and a spouse — are no longer eligible to immigrate.

If one of your nephews is under 16 and the others are under 18, you might be able to petition for them in the orphan visa category. Speak to an immigration law expert about the matter immediately.

My father lived in the United States and became a U.S. citizen. Prior to his death in 2012, he mentioned that he had begun the paperwork for my brother and me to get immigrant visas. How can we find out if he petitioned for us and if we can get green cards?

Laura, Guadalajara, Mexico If your father petitioned for you, you might qualify for an immigrant visa. Your first step is to file a Freedom of Information request with USCIS to see if the agency has files for you and your brother. Learn more about filing FOIA requests at bit.ly/3bdtlD3.

If your file includes an approved petition, ask USCIS to reinstate it for humanitarian reasons. USCIS will consider whether denying you a visa will disrupt an established family unit; lead to hardship to U.S. citizens or permanent residents; whether you are elderly or in poor health; whether you have spent a lengthy period in the U.S.; living conditions in Mexico, and whether undue government delay occurred in adjudicating the petition and your family ties in the United States.