QUESTION

My mother expired and what will happen to her approved Immigrant visa application for her children’s?

Asked on Apr 10th, 2013 on Immigration - New York
More details to this question:
My mother expired in December 2011 was an US Citizen, She filed petition for her two sons and two daughters and her I-130 petition was approved in 2004. My question: (a) how the processing of their I-130 will effect and (B) how I can I help my brothers and sisters on their approved I-130 petition; (c) one of her son also passed away so what will happen on his petition? Still his minor child and wife can come on that approved petition filed by my mother. I am also US citizen.
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3 ANSWERS

Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Apr 11th, 2013 at 10:02 PM

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Unfortunately, the petition is automatically revoked whenever the petition dies before the beneficiary receives their immigrant visa. In limited circumstances, the beneficiary can request humanitarian reinstatement by substituting another family member as the sponsor.
Answered on Apr 11th, 2013 at 3:52 PM

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Adebola O. Asekun
Generally, once the petitioner dies, so does the petition. However, recent changes in immigration law may allow the petition to survive despite the death of the petitioner. You need to consult with an immigration attorney as soon as possible to advise you of the procedure for replacing the deceased petitioner so the beneficiaries can still get their green card
Answered on Apr 11th, 2013 at 3:46 PM

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