Pinoy Panawagan: Petitioning beneficiaries

My dad has an approved sibling petition — but when he came to the U.S. in 2003, he didn’t bring us with him because he wanted to be established first. Plus, we were minors then and were still finishing the school year. Unfortunately, six months after he came to the U.S., he passed away leaving us in the Philippines. We went to the U.S. as tourists to attend the wake and overstayed our visas.

If the principal beneficiary of an approved petition dies, can the petitioner file for the derivative beneficiaries instead? Is there hope for us to be legalized?

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