Comprehensive Overview of Immigration Law (COIL) Practice Exam

What happens to Eduardo's pending petition after his death?

1. It remains pending for further review

2. It is revoked and no longer valid

3. It can be approved with additional documentation

4. It can be inherited by Marta

The correct answer is: It is revoked and no longer valid

In the event of Eduardo's death, his pending petition is revoked and is no longer valid. Immigration law recognizes that an individual's legal status and related petitions for immigration benefits are personal to the individual. Consequently, upon their death, the petition cannot continue to be processed or approved. This principle is grounded in the idea that the underlying legal basis for the petition—the connection and circumstances surrounding the applicant—ceases to exist. For example, petitions based on family relationships or employment are specifically tied to the individual who initiated them. Once that person passes away, the legitimacy of the petition is effectively lost, and any associated processes, like adjustment of status or naturalization, cannot move forward. While there may be certain situations where relatives can pursue their own immigration options after someone's death, the pending petition itself does not transfer or continue in any capacity.