What Can I Do for My Immigration Petition If the Petitioner for the Immigration Case Died, Immigration Petition, Green Card Petitioner, Immigration Case, Petitioner Died

Question:

My brother petitioned for my Form I-130 immigration visa five years ago, but he died recently. What can I do for my immigration visa petition?

Answer:

If the petitioner for your immigration case died, you should notify USCIS or the National Visa Center (NVC) with a copy of the death certificate, and then formally request "humanitarian reinstatement" under the discretionary Section 204(l) of the Immigration and Nationality Act (INA). This request requires you to find a qualifying family member to serve as a substitute sponsor for the Affidavit of Support, and provide evidence of favorable humanitarian factors for your case to be considered for reinstatement.

The Family Sponsor Immigration Act provides a potential remedy in cases where the original petitioner has died. These include the immigration categories for spouses of U.S. citizens and permanent residents, unmarried sons and daughters of citizens, spouses and unmarried sons and daughter of green card holders, married sons and daughters of citizens, and brothers and sisters of citizens.

If you fall into one of the above categories, and your petitioner dies, you may be able to apply for what is called reinstatement of your visa petition on humanitarian grounds, but you have to meet certain conditions, such as:

1) your Form I-130 has already been approved;

2) you were living in the U.S. at the time the petitioner died, and continue to reside there on the date USCIS makes a decision on your application;

3) you can find someone eligible and willing to act as your financial sponsor, in place of your original petitioner.

If the petition is pending, you should notify the USCIS office where the petition is pending of the petitioner's death and request that the case proceed based on Section 204(l).

If the petition was approved, youcan contact the National Visa Center (NVC) and provide the death certificate and your request for reinstatement under Section 204(l). You will then need to send a formal request with proof of eligibility to USCIS.