Comprehensive Overview of Immigration Law (COIL) Practice Exam

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Can Marta immigrate through Eduardo's pending I-130 petition after his death?

Yes, if she applies within six months
No, because there is no remedy available
Yes, if she was living with him in the U.S.
No, but she can apply for a different visa

The correct answer is: No, because there is no remedy available

Marta cannot immigrate through Eduardo's pending I-130 petition after his death because once the petitioner (in this case, Eduardo) passes away, the petition is typically rendered void and cannot serve as a pathway for immigration. The Immigration and Nationality Act sets forth specific requirements for family-sponsored petitions, and the death of the petitioner is one circumstance under which these petitions are automatically canceled. This situation creates a legal barrier, leaving no remedy for Marta under the circumstances of Eduardo's passing. While there may be some rare instances where a petition can continue posthumously (for instance, if Marta qualifies as a surviving spouse and applies for a Form I-360), that does not apply here with regard to the I-130 petition after death. This understanding of the immigration process underscores the importance of the petitioner's role in family-based immigration and the consequences that can arise when that role is compromised. Other alternatives for obtaining immigration status would have to be explored if she is looking for other pathways.