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Zim tim

Petitioner dies Before approval

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My dad sponsor us like few years back but unfortunately he died last month it was F3 category and we are still waiting for approval i was wondering are they gonna approve the case or not? Also my mother is alive she lives there. Also when they reached our case in future would they know that petitioner has died? Or my mother can sponsor us in behalf of my father?

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On 7/8/2019 at 5:16 PM, Zim tim said:

My dad sponsor us like few years back but unfortunately he died last month it was F3 category and we are still waiting for approval i was wondering are they gonna approve the case or not? Also my mother is alive she lives there. Also when they reached our case in future would they know that petitioner has died? Or my mother can sponsor us in behalf of my father?

If the case is still with USCIS, you should send an email to them informing that the petitioner has already passed. Include a scanned copy of the death certificate. Also request that the wife (your biological mother I assume) be the substitute sponsor/petitioner so you don't lose the priority date. Include a copy of your mom's US passport or Naturalization certificate (whatever is applicable as proof of US citizenship). Also include copy of the Notice of Action.  You cannot hide the fact of the petitioner's death because when you reach the NVC stage, the petitioner must sign the affidavit of support among others. Good luck! 

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Unfortunately, when a petitioner dies, the petition is automatically revoked.  There are a couple of ways it can be re-instated, but from your post, I don't think either will apply to your case.

 

One way is through Humanitarian Reinstatement, but your case would not qualify since one of the basic requirements for that is that the petition must already have been approved by USCIS at the time of the petitioner's death.  You indicated that the petition has not yet been approved.  If that is wrong and t b e p etition has been approved but you are waiting for your Priority Date to be current, you should request Humanitarian Reinstatement, being sure to include all of the required  information (Google it and/or consult an immigration lawyer).

 

The other way is through Section 204(I) relief.  To qualify for that, either the primary beneficiary of the petition or one of the derivatives has to have been residing in the US already when the petitioner died.  If neither you, your spouse, or children were residing in the US, you do not qualify under this position of the law either.

 

I am sorry for your loss, but it usually also means you cannot move forward on your plans to immigrate.  If you don't qualify for petition reinstatement under one of the two methods, your mother can petition you, but it will start from scratch.

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Posted (edited)

hi

unfortunately no, for there to be a substitute sponsor, the i130 must be approved before the petitioner dies. 

 

sorry for your loss, if you have a LPR mom or a USC sibling, they will have to file a new petition for you, that petition isn't valid anymore

 

Basic Eligibility for Humanitarian Reinstatement

Humanitarian reinstatement may only be requested by the principal beneficiary when the petitioner of an approved Form I-130, Petition for Alien Relative, has died. Humanitarian reinstatement cannot be granted if the petitioner died while the petition was pending, but see Basic Eligibility for Section 204(I) Relief for Surviving Relatives to see if you may qualify for another form of relief.

Edited by aleful

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