what happens to an approved immigrant status petition to the US if the petitioner died?

Question

my aunt has received a mailer from the US INS that her petition has been approved, but her father, the petitioner already passed away. what steps should be taken in case the would be immigrant would like to continue her visa application?

Answer 1

The approved petition is still valid even when the petitioner already died.

Answer 2

Here is everything you need to know (it's kinda long, sorry):

Typically, when the visa petitioner dies, the approved I-130 petition originally filed by the visa petitioner is automatically revoked. However, following the passage of the Family Sponsor Immigration Act, P.L. 107-150, beneficiaries of these petitions may file for reinstatement so long as they can provide an I-864 Affidavit of Support filed by a “substitute sponsor”.

The Act allows the substitution of an alternative sponsor if the original sponsor has died and the Attorney General has determined that the petition should not be revoked for humanitarian reasons. The substitute sponsor must be a U.S. citizen or national, or an alien lawfully admitted for permanent residence, at least 18 years of age, and resident in the United States. The substitute sponsor must also be related to you as one of the following: spouse, 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. As in the case of other sponsors, the sponsor must maintain an annual income equal to at least 125 percent of the Federal Poverty Guidelines.

In order to seek reinstatement of the visa petition, you must submit a statement to the United States Citizenship and Immigration Services office in the U.S. where the original visa petition was filed 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 a “substitute sponsor”. This substitute sponsor is filing the I-864 in place of the deceased petitioner, and must meet all of the financial requirements of a sponsor pursuant to the Immigration and Nationality Act 213A.

With your reinstatement request you must provide documentary evidence of the death of the original petitioner, plus documentation of the relationship between you and the substitute sponsor. Finally, include a copy of your approved I-130, if available.

Answer 3

His death does not affect the status of her petition... meaning she was approved to go the USA because she is the family member. Just because he has passed away, that does not change that she was approved and was the family member of a US citizen.

Answer 4

normally the petition dies also, but there may be some hope depending on certain circumstances, contact an immigration attorney that specializes in family based petitions.

Answer 5

no longer likely. in spite of if the daddy have been alive she does no longer be waiting to alter status because of her unlawful presence interior the U. S.. besides the undeniable fact that instantaneous relatives contributors persons voters can alter status nothwithstanding regulation violations, this earnings does no longer prepare to married sons or daughters.She could bypass abode or face deportation.