Memphis immigration lawyer Ari Sauer provides news and information on US immigration law.
Question: My uncle, a U.S. citizen, filed an I-130 immigrant visa petition on behalf of my father. The petition was approved, but then my father passed away. The priority date for the petition has been reached on the Visa Bulletin. Can my mother now get an immigrant visa based on the petition?
Answer: Unfortunately your mother cannot benefit from the petition filed by your uncle. When the primary beneficiary dies, the I-130 petition automatically becomes revoked. Any derivative beneficiaries to that petition are not eligible to receive visas based upon the revoked petition.
Unlike situations where the petitioner dies, there is no process to request a reinstatement of the petition for humanitarian reasons where the beneficiary dies.
The only remaining benefit of the petition is that is can still grandfather the derivative beneficiary under the INA 245(i) “amnesty” where the petition was filed by April 30, 2001.