A petitioner who filed I-130 and Passed Away

R

rattle19

New Member
Good evening
My mother filed I-130 for my sister after gaining US citizenship. She passed away last year. Can you please tell us what will happen to the file? Our father is still alive. Do we need to notify USCIS? Is there a way to keep the file still active?
Thank you for being so helpful.
 
The petition is void and your sister cannot immigrate on it. There are some exceptions:
* If your sister (or one of her derivative beneficiaries) was residing in the US at the time your mother died, and continues to reside in the US now, she can apply for section 204(l) reinstatement
* Or, if the I-130 has already been approved, and there is some special humanitarian reason for your sister to still be able to immigrate, she can try for humanitarian reinstatement

Your father being alive doesn't help the I-130 filed by your mother. If your father is a US citizen or permanent resident, he can petition your sister, but the priority date of that new petition would be when it is filed, so the wait would start over.
 
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