QUESTION
Is my fathers petition for me still legal after he dies?
Asked on Jul 20th, 2011 on Immigration - California
More details to this question:
My Father is a us citizen and he filed a petition for me 3 years ago for a us resident, he died recently, I would like to know is the petition still valid ? and if it is can I include my husband and unmarried son over 21 in the application when my turn comes up. I have 2 brothers and sister, they are US citizens and are willing to provide sponsorship.
3 ANSWERS
Corporate & Incorporation Attorney serving Coral Gables, FL
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Hans Burgos, P.A., Immigration Law Offices
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A Petition for Relative (Form I-130) is revoked upon the death of a petitioner. However, said petition may be reinstated provided it was approved prior to the death of the petitioner allowing you to continue the process with a qualified substitute sponsor.
Answered on Jul 29th, 2011 at 4:10 PM
Criminal Law Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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If you were in the US when your father passed away, yes it will remain valid. If not, you will have to request it to be reinstated which has a higher standard to be granted. If you are in the US and not in legal status, you will need another petition that was filed for you prior to April 30, 2001 (other conditions apply). You may want to consult with an immigration attorney.
Answered on Jul 29th, 2011 at 11:42 AM
You can only benefit from your father's petition if you resided in the U.S. at the time of his death and you continue to reside in the U.S. Your wife will be included in the petition. Your son might not be covered if he turned 21 depending on the time between filing of the petition and when the priority becomes current.
Answered on Jul 29th, 2011 at 8:38 AM