What to do if original I-130 petitioner has died after I-130 was approved,
but before the alien relative (intending immigrant) obtained permanent
residence?
A lot of time the above situation happens when the I-130 petitioner is the
alien relative’s aging father or mother, and they pass away before their
children have had a visa interview at the consulate. But this doesn’t mean
the original I-130 is forfeit and the alien relative must start the whole
process all over again and get a new priority date.
To overcome the obstacle of the decease of original I-130 petitioner and
retain the original priority date, a substitute sponsor can step in to
replace the now deceased I-130 petition and be the sponsor for the alien
relative on I-864.
The substitute sponsor must be related to the alien relative in one of the
following ways: spouse, parent, mother-in-law, father-in-law, sibling, child
(at least 18 year-old), son, daughter, son-in-law, daughter-in-law, brother
-in-law, sister-in-law, grandparent, grandchild or legal guardian. In
addition, the substitute sponsor must be a U.S. citizen or lawful permanent
resident.
If you encounter this kind of dilemma, our firm can help you file a new
Affidavit of Support signed by the substitute sponsor, and we will also
prepare a statement to explain the reasons why the I-130 visa petition, that
has been revoked following the original petitioner’s death, should be
reinstated. As a result, you or your alien relative can still retain the
original priority date and do not need to reapply for the I-130 and go
through the visa petition again.
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