![]() This applies to an adjustment of status application adjudicated on or after October 28, 2009, even if the qualifying relative died before October 28, 2009. A person admitted as a derivative T or U nonimmigrant or The beneficiary of a pending or approved Refugee/Asylee Relative Petition ( Form I-730) The applicant is at least one of the following:Ī beneficiary of a pending or approved immediate relative immigrant visa petition Ī beneficiary of a pending or approved family-based immigrant visa petition, including both the principal beneficiary and any derivative beneficiaries Īny derivative beneficiary of a pending or approved employment-based immigrant visa petition The applicant continues to reside in the United States on the date of the decision on the pending application and The applicant resided in the United States when the qualifying relative died ![]() ![]() This provision gave noncitizens the ability to seek an immigration benefit through a deceased qualifying relative in certain circumstances.Īn officer may approve an adjustment application, certain petitions, and related applications adjudicated on or after October 28, 2009, if: In 2009, Congress addressed this scenario with a new statutory provision, INA 204(l). In the past, a petition could not be approved if the petitioner died while the petition remained pending.
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