QUESTION

Get I-130 receipt number when the original petitioner is passed away

Asked on Nov 11th, 2019 on Immigration - California
More details to this question:
Hi, To briefly put it: My brother A, applied for my brother B's green card back in 2007. Brother A passed away in 2015 in an accident. I'm trying to get my brother B's green card reinstated on humanitarian ground and I need advice and help for this process. The first issue I'm facing is I don't have the original filed I-130 receipt number. I have both my brothers personal info (A number, SSN, etc) however I'm not sure if I can get the original petition's receipt number using Freedom Of Information Act. Also I will need help of an attorney to create a proper list of document supporting the humanitarian reinstatement I'm seeking.
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
The G-639 freedom of information act request form by U.S.C.I.S. has a checkmark for whether you are attempting to obtain a record for someone who is deceased. You should be able to obtain the I-130 receipt number if you are the executor, administrator, or trustee of your brother's estate. Otherwise the G-639 form asks whether the requester is a family member, but without authority over your brother's estate, I am not sure that U.S.C.I.S. would give the information. You should consult with an immigration lawyer to go over your brother's case for further documentary requirements. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  
Answered on Dec 09th, 2019 at 7:46 PM

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