即:Basic Eligibility for Section 204(l) Relief for Surviving Relatives
其中對主受益人死亡後,有這樣的規定:
You may be eligible to seek relief if you are a:
Derivative beneficiary of Form I-130, Petition for Alien Relative (regardless of whether the petitioner was a U.S. citizen or lawful permanent resident), and the principal beneficiary died;
但要滿足“在美居住條件”,即 Residence for the Purpose of Section 204(l) Relief Eligibility
具體要看樓主的case是何種情況。
例子一個:
Mr. Nowak is sponsored for permanent residence by his U.S. citizen brother. After the I-130 petition is approved, Mr. Nowak waits many years for his priority date to become current so that he can file his application for permanent residence. Unfortunately, Mr. Nowak dies before the priority date becomes current, leaving behind a wife and two small children. Under section 204(l), Mrs. Nowak and the children can still apply for permanent residence based on the approved I-130 if they meet all remaining requirements, despite the death of the main beneficiary.