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immigration problerm, if a petitioner passed away while the case is still in process, what would happened?

while the case is pending, already received notice from the INS and for acceptance and had been more than a couple of years. the beneficiary is waiting for an interview. the petitioner passed away during this time, does the beneficiary still qualified?

4 Answers

  • Anonymous
    1 decade ago
    Favorite Answer

    Q: Am I still eligible for immigration if the original petitioner has died?

    Typically, when the visa petitioner dies, the approved I-130 petition originally filed by the visa petitioner is automatically revoked. However, following the passage of the Family Sponsor Immigration Act, P.L. 107-150, beneficiaries of these petitions may file for reinstatement so long as they can provide an I-864 Affidavit of Support filed by a “substitute sponsor”.

    The Act allows the substitution of an alternative sponsor if the original sponsor has died and the Attorney General has determined that the petition should not be revoked for humanitarian reasons. The substitute sponsor must be a U.S. citizen or national, or an alien lawfully admitted for permanent residence, at least 18 years of age, and resident in the United States. The substitute sponsor must also be related to you as one of the following: spouse, parent, mother-in-law, father-in-law, sibling, child (if at least 18 years of age), son, daughter, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, or grandchild. As in the case of other sponsors, the sponsor must maintain an annual income equal to at least 125 percent of the Federal Poverty Guidelines.

    Q: How can I reinstate a visa petition that was revoked by the death of the original petitioner?

    In order to seek reinstatement of the visa petition, you must submit a statement to the United States Citizenship and Immigration Services (USCIS) office in the U.S. where the original visa petition was filed formally requesting reinstatement of the visa petition. The statement should list reasons why your case warrants reinstatement, such as your ties to the United States, or hardship that would occur to you if the request for reinstatement were not granted.

    You must also include with your reinstatement request a Form I-864 Affidavit of Support completed by a “substitute sponsor”. This substitute sponsor is filing the I-864 in place of the deceased petitioner, and must meet all of the financial requirements of a sponsor pursuant to the Immigration and Nationality Act 213A.

    With your reinstatement request you must provide documentary evidence of the death of the original petitioner, plus documentation of the relationship between you and the substitute sponsor. Finally, include a copy of your approved I-130, if available.

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  • Vivac
    Lv 7
    1 decade ago

    First off there is no more INS,It is USCIS now !

    The whole point of putting in an application of residency is based on an active living relationship & with the relative being deceased that becomes totally impossible.What is most likely to happen now is that the petitioner will trigger enforcement measures for deportation if the application is not withdrawn because there is no merit for the applicant to stay in the US legally.

    However,there is only one tiny recent exception & that is spouses & husbands whom would still be allowed to get full immigration benefits.

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  • dragon
    Lv 4
    4 years ago

    i do no longer understand who she paid the $70., yet feels like she have been given scammed.If a petitioner passes away, there is relief,however the beneficiary could desire to already be living in the U. S. for the petition be allowed to be taken over by using a substitute petitioner. She could desire to purely get assistance from US Immigration.

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  • Anonymous
    1 decade ago

    I doubt it,

    The main basis for the uscis to grant a visa is:

    1) relationship

    2) income

    In this case both fall away.

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