Policy Memorandum: Approval of Petitions and Applications after the Death of the Qualifying Relative under New Section 204(l) of the Immigration and Nationality Act; Revisions to Adjudicator's Field Manual (AFM): New Chapter 10.21 and an Amendment to Chapter 21.2(h)(1)(C) (AFM Update AD-10-51) [open pdf - 102KB]
"This Policy Memorandum (PM) ensures that USCIS [U.S. Citizenship and Immigration Services] uniformly and consistently adjudicates petitions and applications in light of section 204(l) and 213A(f)(5) of the Immigration and Nationality Act ('the Act'), 8 U.S.C. §§ 1154(l) and 1183a(f)(5). […] For many years, USCIS had taken the position that the law did not permit the beneficiary of a visa petition to obtain approval of the petition if the petitioner died while the petition remained pending. See Matter of Sano, 19 I&N Dec. 299 (BIA 1985); Matter of Varela, 13 I&N Dec. 453 (BIA 1970)."
Policy Memorandum: PM-602-0017
U.S. Citizenship and Immigration Services: http://www.uscis.gov/