Family based green card: deceased petitioner

[zerocool0120]

Hi,

Thank you all for reading my question.
My grandfather filed I-130 for my mother in 2001 (245i)
Receipt date: 01/30/2001
Priority date: 01/25/2001
Notice date: 03/04/2005
My grandfather passed away in 09/xx/2007.

1. Can she push this petition without reinstatement through other U.S. citizen family member?

If yes to 1st question,
2. There are no other substitute sponsors for affidavit of support (I-864) but she has been working and paying taxes, which earned her 40 quarters of social security credit. Can she waive financial sponsor requirement using I-864W (This application states that a person with 40 quarters of social security credit can waive I-864)

All/any inputs are very very appreciated.
Again, thank you for the replies.

 

[citi786]

Unfortunately she cannot.

 

[Jackolantern]

There is a relatively new provision (signed into law in Oct. 2009) under INA 204 that allows the process to continue after the death of the petitioner, if the beneficiary is residing in the US at the time of death and will continue to reside in the US until the final decision. See www.ssad.org/images/Widow-Policy-204l-PM-Comment-5-11-2010.pdf

However, I am not sure if there is a time limit after the death or after the law was signed during which to apply for the exemption and file a new I-864 or I-864W. Consult a lawyer to look at her case in more detail and figure out if she is eligible to continue the process.