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If I pass away, does my family maintain the EB-3 status?

Upon the death of the EB-3 beneficiary, the status of dependents may be affected; exceptional cases require detailed analysis with specialized professionals.

Written by

Victoria Harper

Editor-in-Chief

Updated on August 20, 2025
2 min read
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It is important to clarify that the United States immigration system has very specific rules for each category, including EB-3, and that maintaining status for dependents may depend on various factors related to the progress of the process.

In the case of EB-3, this visa is granted based on the principal beneficiary, and usually, dependents – spouse and children – receive derivative status. If, unfortunately, the principal beneficiary passes away during the process, this generally affects the petition as a whole, potentially leading to the revocation of the pending approval or even cancelling the possibility of issuing the visa for the dependents.

There are exceptional situations, such as cases in very advanced stages or when it is possible to demonstrate the continuity of certain legal conditions, but these situations tend to be quite specific and require a detailed case analysis.

It is always essential to follow the United States immigration laws and seek information from reliable sources by consulting experienced professionals in the area – they can analyze the case in a personalized manner and clarify the available options. It is also important to be cautious about promises of easy results or marketing campaigns that guarantee solutions not supported by current legislation.

Remember: this information is purely informational and does not replace a consultation with a specialized professional. Acting according to official rules and guidelines is fundamental to avoid complications in the immigration process and future losses.

Learn more about EB-3

Category
EB-3 Green Card (3rd priority)
PERM
Required
Requirement
Skilled worker
Processing
1-10 years
All about EB-3

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.

Victoria's tips

If I pass away, does my family maintain the EB-3 status?

Upon the death of the EB-3 beneficiary, the status of dependents may be affected; exceptional cases require detailed analysis with specialized professionals.

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