Question: I filed for my bother’s petition in 2004 but he passed away in 2013. So does his family (wife and kids) still can come to USA or the file is stopped?
Answer: Unfortunately, the file gets extinguished if the main beneficiary passes away as the derivative beneficiaries would derive their benefit from them. However, an exception to this clause exists if they are in the country in another status. They can pursue eligibility under section 204 (I) – Relief for surviving relatives.