Comprehensive Overview of Immigration Law (COIL) Practice Exam

If a U.S. citizen petitioner dies before an I-130 petition is approved, what happens to the petition?

1. It is automatically revoked

2. It can be continued under certain conditions

3. The beneficiary must start over

4. The petition automatically converts to I-360

The correct answer is: It can be continued under certain conditions

When a U.S. citizen petitioner dies before an I-130 petition is approved, the petition can potentially be continued under certain conditions. In the context of U.S. immigration law, if the petitioner passes away but the petition has not yet been adjudicated, there are provisions that allow the beneficiary (the family member seeking immigration benefits) to request that the petition be continued. This is particularly relevant for immediate relatives, such as a spouse or child, who could qualify under specific humanitarian grounds. The conditions for continuation typically involve demonstrating that the relationship existed at the time of the petition and that the beneficiary meets certain eligibility requirements. This provision is significant as it acknowledges the hardships faced by beneficiaries when a U.S. citizen petitioner passes away, and it provides a pathway for them to receive the immigration benefits initially sought without having to restart the entire process. The other options reflect different scenarios: the automatic revocation of the petition upon death does not account for continuance rights, and while the beneficiary might have to start a new process in some cases, this is not applicable under the conditions mentioned. The conversion to I-360 is also not standard practice in this situation unless specific regulatory criteria are met, which are not the general outcomes for I-130 petitions.