can a sister continue a petition if the mother die before the filing is complete, the mother was a green card?

my mother had but in a petition for me from 2008 she was a green card holder at the time, she die in 2011 can my sister contine the process? and if so what is it that she need to do in order to continue? and how long will it take

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  • 8 years ago
    Favorite Answer

    Your mother's petition died with her. It has been over a year since she died (2011), nearly 2 years? It may very well be too late for sis to take over your mother's petition. Sis must be a US citizen, not a green card holder. And she has to earn enough to support herself, all dependents (spouse, child, etc), plus you. Depending on your citizenship, if sis has to file a new petition, it will take 12-24 years before you get a visa.

    You need to consult an AILA attorney to see if your sis meets all requirements to take over the petition despite the lengthy delay since your mother died. Don't expect that to happen after such a long delay, but there may a small chance.

  • Ed
    Lv 7
    8 years ago

    Normally the petition approval is revoked upon the death of a petitioner.

    However, if your sister is willing to act as a substitue sponsor there is a possibility that the revocation can be reversed. She should file an affidavit of support (form I-864) with USCIS and request the she be

    allowed to be a substitute petitioner. See the link below.

  • Anonymous
    8 years ago

    Your sister should go see an Aila Lawyer

    to discuss the situation it may be passible for her too take over

  • nivens
    Lv 4
    4 years ago

    of direction not! you do not even have an enduring green card yet, and could not understand for virtually 2 years despite in case you would be allowed to proceed to be interior the U. S.. despite in case you get an enduring green card, you nevertheless can't sponsor immigrants which comprise your mom. you may might desire to acquire naturalized citizenship first, and instruct you earn adequate to assist your self, your spouse, all dependents (e.g. baby), plus your mom. might desire to be approximately 4 years or so - on the earliest - in the previous you may qualify to document a petition.

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