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DEATH OF A U.S. CITIZEN PETITIONING PARENT

Even though a U.S. Petitioning Parent dies before an adult child obtains permanent
residence, still the child may now receive permanent residence if the petition had already been approved. A U.S. parent petition for an adult child, is normally approved forthwith. However, because of worldwide quota delays, the quota delay can take years to be completed. Over this lengthy time older parents would die, and their adult children would lose the benefit of permanent residence.
Now the rules have changed. The government may grant permanent residence to an adult child of a deceased U.S. parent if the petition has been approved. The government now has the right to grant permanent residence on concluding that the immediate family of the U.S. citizen parent would suffer hardship as a result of denying permanent residence to the adult child. Age, health, existing ties to the U.S. of the adult child are all elements that may be taken into account by the government for the sake of the immediate family of the deceased parent. Disruption to the family unit if the adult child is not admitted, the age, the health, the period of time spent in the U.S., the lack of a home, and even undue processing time delays, are all factors that may be considered by the government to enable an adult child of a U.S. citizen to become a permanent resident.
Even though a U.S. Petitioning Parent dies before an adult child obtains permanent residence, still the child may now receive permanent residence if the petition had already been approved. A U.S. parent petition for an adult child, is normally approved forthwith. However, because of worldwide quota delays, the quota delay can take years to be completed. Over this lengthy time older parents would die, and their adult children would lose the benefit of permanent residence.Now the rules have changed. The government may grant permanent residence to an adult child of a deceased U.S. parent if the petition has been approved. The government now has the right to grant permanent residence on concluding that the immediate family of the U.S. citizen parent would suffer hardship as a result of denying permanent residence to the adult child. Age, health, existing ties to the U.S. of the adult child are all elements that may be taken into account by the government for the sake of the immediate family of the deceased parent. Disruption to the family unit if the adult child is not admitted, the age, the health, the period of time spent in the U.S., the lack of a home, and even undue processing time delays, are all factors that may be considered by the government to enable an adult child of a U.S. citizen to become a permanent resident.
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