Immigration Lawyer Ari Sauer – The Immigration Answer Man
Memphis immigration lawyer Ari Sauer provides news and information on US immigration law.
If my I-130 petitioner dies, can I have the I-130 reinstated?
QUESTION: My father filed an I-130 on my behalf which has been approved. We are waiting for a visa to become available for the petition on the Visa Bulletin. My father’s health is getting worse. If he passes away before I get a visa, will I still be able to apply for the visa?
IMMIGRATION ANSWER MAN: An immigrant petition automatically becomes revoked upon the death of the petitioner or primary beneficiary. However, USCIS can reinstate the petition where 1) the beneficiary had a pending or approved I-130 on their behalf at the time of the petitioner’s death; 2) the beneficiary is residing in the US at the time of the petitioner’s death and continues residing in the US; and 3) reinstating the petition would not be against the public interest.
Alternatively, for those that do not meet the requirements listed above and are not widows or widowers of US citizens (which have separate reinstatement rules) there is still the possibility of having the I-130 reinstated. When the petitioner dies after a petition has been approved, USCIS has the authority to reinstate the petition for humanitarian purposes where the beneficiary has another relative who can serve as a substitute sponsor (spouse, parent, mother-in-law, father-in-law, sibling, child at least 18 years of age, son, daughter, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, or grandchild of a sponsored alien or legal guardian of the sponsored alien). Some factors that USCIS will consider in deciding whether to grant humanitarian reinstatement of the I-130 are 1) the impact of revocation on the family unit in the United States, especially on U.S. citizen or LPR relatives or other relatives living lawfully in the United States; 2) the beneficiary’s advanced age or poor health; 3) the beneficiary’s having resided in the United States lawfully for a lengthy period; 4) the beneficiary’s ties to his or her home country; and 5) significant delay in processing the case after approval of the petition and after a visa number has become available, if the delay is reasonably attributable to the Government, rather than the alien.
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* This is an advertisement. Ari Sauer is an attorney with the Siskind Susser law firm. www.visalaw.com/ari.html. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of New York and New Jersey. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.
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5 comments on “If my I-130 petitioner dies, can I have the I-130 reinstated?”
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Ari Sauer
Ari Sauer is an immigration law attorney with the Memphis office of the Siskind Susser law firm. Ari answers questions on US immigration law submitted by readers. Email Ari Sauer to submit a question. immigrationanswerman@gmail.com
Immigration Lawyer Ari Sauer - The Immigration Answer Man 
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Hi,
My mom filed green card petition for my Brother and his family in Oct 2004. My brother lives in India. We received a letter from national visa center to submit the documents and pay 120 dollars for his green card petition file in end of June. We have been in process of collecting all the required documents and haven’t submitted anything yet.
Mean while just recently on November 16th, my mom passed away (very unfortunate thing in our family). She was the only one who filed for my brother’s family. My dad and I, both are US citizen but we haven’t filed for him.
We met our immigration lawyer yesterday and he told us that they can only try for humanitarian basis but chances are very rare to get any success. However when I called the local USCIS office as a general inquiry I was asked to send a letter to make my father as substitute petitioner. I am confused. My father is in India at this point and he can come back to US anytime if needed. He is retired at this point so can’t submit the financial documents to support my brother’s family. I can be his financial sponsor; and submit the affidavit of support.
Do you guys have any suggestion in this case? If you guys have any suggestion about good lawyers please let me know and I will reach out to them. I really want my brother and his family to come here to US.
Thank you for your time and consideration.
I am sorry for your loss. Both your lawyer and the USCIS officer you spoke with were both talking about the same thing, requesting humanitarian reinstatement. If your brother was not living in the US when your mother died, and neither his wife nor any of his unmarried children under the age of 21 were living in the US when your mother died, then the only option is requesting humanitarian reinstatement of the I-130. Obtaining humanitarian reinstatement is not as simple as the USCIS officer might have made it seem. However I don’t see any downside to trying to have the petition reinstated. I can’t comment on whether you father, or another relative, would be a good substitute sponsor without knowing the details of their situation.
If you would like to have a consultation appointment with me to learn more about this, you can call 901-507-4270, and my paralegal, Jessica, can help you to schedule an appointment.
* This is an advertisement. Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. http://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.html. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.
I have a question about I-130 Application. My mother is the US Citizen and she filed I-130 application for my grandparents, and my grand father died this month before the petition was approved. In that case how should I inform USCIS about my grandfather’s death?
If Someone can please help. I am very confused.
Thanks
Nilkanth:
Your mother can let USCIS know about your grandfather’s death by sending a copy of his death certificate along with a copy of the I-130 receipt notice and a letter explaining the situation. This would be sent to the address on the receipt notice. This should come from your mother, the petitioner, or from her attorney. It will not be accepted by anyone else.
* This is an advertisement. Ari Sauer is an attorney with the Siskind Susser law firm. http://www.visalaw.com/ari.html. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed. the opinions expressed here are those of Ari Sauer and do not necessarily reflect the opinions of Siskind Susser.