My dad applied for EB-5 in July 2018, and our petition was approved in March 2021. While we were waiting for NVC to contact us to start the interview process, my dad passed away from COVID-19. Since our petition was approved, we tried to get updates on the case and contacted USCIS and NVC through phone and email multiple times. In March, they informed me that our case was lost between USCIS and NVC, so they will resend it to NVC. However, they still cannot locate our petition. On the EB-5 application, my mom and siblings are listed as beneficiaries. I am currently in the U.S. on an F-1 visa, and the rest of my family is still in Vietnam. Contacting USCIS and NVC has yielded no results, so I would like to ask what happens in the case of the passing of an EB-5 applicant. Are the beneficiaries listed on the petition eligible for anything? Are there any new rules or regulations for such situations? Is there a way for my family to benefit from this EB-5 application?
Answers
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyI am pleased to advise you that because you have been physically present, it is possible to request reinstatement of the petition under the Widow''s Provision - this would be based on the fact that you have been in the U.S. on a student visa. This is complicated, so make sure your advisor is familiar with the process under Section 204(L).
Stephen Berman
Find an EB-5 Visa Lawyer: Immigration AttorneyIf the principal applicant cannot get the visa, because he passed away, the derivatives also cannot get the visa.
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