Death of the Petitioner....?

Question

Hi. 10 years ago, I recieved an approved notice of petition by my father from the US. I have been waiting to process that petition for years!!! Unfortunately, my father passed away last 2005. May I know what happens to the approved notice of petition? Can my mom/brother/sister substitute for the sponsorship? Please reply because I have been waiting for this petition for more than 10 years and my children are the only grandchildren of my mom.

Answer 1

Your father passed away three YEARS ago?  That petition is null and void and has been since your father's death.  If there could have been a substitute for sponsorship, it needed to be done immediately.  Too late now.

Answer 2

Was the petition approved before your father passed?

If so then following the passage of the Family Sponsor Immigration Act, P.L. 107-150, the beneficiaries of petitions from a deceased petitioner can request a reinstatement of said petition by finding a substitute sponsor to file Form I-864.

However, unlike a normal sponsor, a substitute sponsor must be related to you in one of the following ways: parent, mother-in-law, father-in-law, sibling, child (if at least 18 years of age), son, daughter, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, or grandchild. A substitute sponsor must also be either a U.S. citizen or a permanent resident of the United States and be at least 18 years of age.

The substitute sponsor must also meet the requirements to do so (125% above the poverty guideline).

So in order to seek reinstatement, you must submit a statement to the USCIS office where the original visa petition was filed formally requesting reinstatement of the visa petition. The statement should list reasons why your case warrants reinstatement, such as your ties to the United States, or hardship that would occur to you if the request for reinstatement were not granted.

You must also include with your reinstatement request a Form I-864 Affidavit of Support completed by the substitute sponsor.

However, if your father passed before the petition was approved, there is nothing you can do except to start all over again if there is a family member eligible to file an I-130 for you.