Comprehensive Overview of Immigration Law (COIL) Practice Exam

If a U.S. citizen files an I-130 for a child residing in the U.S. and dies, what law allows continuation of the process?

1. Immigration and Nationality Act Section 204(l)

2. Child Status Protection Act

3. Family Unity Program

4. Deferred Action for Childhood Arrivals

The correct answer is: Immigration and Nationality Act Section 204(l)

The continuation of the immigration process after the death of a U.S. citizen who has filed an I-130 for a child residing in the U.S. is governed by the Immigration and Nationality Act Section 204(l). This provision allows certain petitions filed by a deceased U.S. citizen to remain valid, enabling the surviving family members to continue with the immigration process. Section 204(l) specifically addresses situations where a petitioning relative has passed away, facilitating the lawful permanent residency pathway for the beneficiary, which in this case would be the child. This law is crucial for ensuring that immigrant family members are not left in limbo due to the untimely death of their U.S. citizen relative, thus upholding the intent of family unity in immigration law. The other options, while they pertain to different aspects of immigration law and family status, do not specifically provide for the situation where an I-130 filed by a U.S. citizen is affected by that citizen's death. The Child Status Protection Act deals with age-out issues for children on certain immigrant petitions, the Family Unity Program addresses specific relief for families of undocumented individuals, and Deferred Action for Childhood Arrivals pertains to individuals who arrived in the U.S. as children without proper