Comprehensive Overview of Immigration Law (COIL) Practice Exam

If Monique wishes to continue her immigration process after Joseph's death, what action is required?

1. She must file a new petition

2. No action is needed; her petition converts automatically

3. She must wait to see if the petition is approved

4. She can only apply for a tourist visa

The correct answer is: No action is needed; her petition converts automatically

In the context of immigration law, when a petitioner (in this case, Joseph) passes away, certain provisions allow for the surviving beneficiary (Monique) to continue with the process that may have been initiated by the deceased. Under the United States immigration system, particularly for family-sponsored petitions, a surviving relative does not need to file a new petition. Instead, the petition automatically converts to allow the beneficiary to continue the process. This automatic conversion is based on the principle that the qualifying relationship that led to the original petition remains intact, despite the death of the petitioner. Therefore, Monique’s immigration process can indeed continue without her having to initiate a new petition or face significant delays while waiting for the approval of a new petition. This provision aims to protect the rights and interests of beneficiaries who were in the process of gaining legal status prior to the unfortunate circumstance of their petitioner’s demise. While the other choices might suggest different scenarios, they do not accurately reflect how the law treats the continuation of a petition in the event of a petitioner's death.