Legal Question in Immigration Law in California

Petition for deceased brother's family to US

I am a US citizen and my parent wishes to petition my deceased brother's wife and son to the US, is that possible. Thanks.


Asked on 2/02/09, 8:38 am

4 Answers from Attorneys

Joseph La Costa Joseph La Costa, Attorney at Law

Re: Petition for deceased brother's family to US

Yes you can, are your parent's Citizens ? If so, your Nephew maybe one too, if you are in Southern California contact my office.

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Answered on 2/02/09, 6:05 pm
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

Re: Petition for deceased brother's family to US

Dept. of Homeland Security Secretary Nepolitano just today addressed this as one of her top concerns in immigration law today. I would be happy to assist in this sensitive matter.

For more information, write to me at [email protected] or check me out at http://www.yardum-hunter.com. I've got 30 years of top notch experience and can win winnable cases, even when they seem too difficult. When I can't win, I'm up front before time and money is wasted.

I look forward to hearing from you.

Sincerely,

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

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Answered on 2/03/09, 1:54 am
Joshua Hale Hale Law Group

Re: Petition for deceased brother's family to US

It may be possible. I would need to know more about the situation to give you an answer though. Was your brother a citizen?

Please call at your earliest convenience.

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Answered on 2/02/09, 12:20 pm
Larry L. Doan Law Office of Larry L. Doan

Re: Petition for deceased brother's family to US

If your late brother was a U.S. citizen then his widow (and son) could do a self-petition if she was married to him for more than 2 years at the time of his death AND the petition is submitted within 2 years of his death.

If he was not a citizen, then neither you nor your parent can petition for her or her son since there is no relationship anymore to the wife. The son is your parent's grandchild and your nephew but, unfortunately, those two types of relationship don't qualify under the immigration law as far as petitioning for them is concerned.

Larry L. Doan, Esq.

Note: The above response is provided for information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.

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Answered on 2/02/09, 1:30 pm


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