I-130 unmarried son over 21 yrs

mqadri

New Member
My father got gc in 2001 later in jul 2001 he filed case for me as i was over 21 at that time. Later he was died in 2003.
In 2006 i got the approval...now what will happen to my file ..?
Does it still valid..?
My mother still have a valid gc.
 
My father got gc in 2001 later in jul 2001 he filed case for me as i was over 21 at that time. Later he was died in 2003.
In 2006 i got the approval...now what will happen to my file ..?
Does it still valid..?
My mother still have a valid gc.


Sorry about your loss. When a petitioner dies, the petition is no longer valid especially in your case. There is hope however if the HR264 bill currently before Congress is passed into law. There is a section in that bill that deals with situation such as yours and you may be able to get a relief if that Bill ever becomes and Act.
Another option is if your mother becomes a citizen she could file a new petition for you at that time.
 
There are court precedents and limited exceptions where an I-130 that was approved before the death of the sponsor can still remain alive. Maybe they don't apply to you, but you should consult an attorney to figure out your situation before traveling outside the US, applying for citizenship, or doing anything else that could bring your case to the attention of USCIS. You need to find out when your I-130 was approved.

Note that in your mother's case, if she was also sponsored by your father, and her GC was approved after your father's death, she may be in the same troublesome situation as you are.
 
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