You may be eligible for relief from revocation of a family petition if your petitioner died before you were able to adjust your status under certain situations. The death of your petitioner who filed an I-130 Petition for Alien Relative for you as the beneficiary does not automatically revoke the petition because in 2009 the Immigration and Nationality Act was amended to add § 204(l).
Although the application process may take several months, immediate relatives can immigrate to the US relatively quickly (when compared to other relatives). Once the visa petition is approved, the immediate relative may begin the application process to immigrate. This is because visas are always available for immediate relatives of US citizens.
The Child Status Protection Act (CSPA) went into effect on August 6, 2002 and amended the Immigration and Nationality Act by changing who qualifies as a “child” for immigration purposes. The CSPA allows certain beneficiaries to remain classified as “children” even though they reached 21 years of age and will never “age out.” What “age out” means: Before CSPA came into effect, if your child became 21 at any time before receiving permanent residenc...
If your family member is residing abroad and is ineligible or chooses not to adjust her status in the US, then she can go through consular processing. The Department of State (“DOS”) oversees this process and the National Visa Center (“NVC”) manages it.