Is my fathers petition for me still legal after he dies? 4 Answers as of July 30, 2011My Father is a us citizen and he filed a petition for me 3 years ago for a us resident, he died recently, I would like to know is the petition still valid ? and if it is can I include my husband and unmarried son over 21 in the application when my turn comes up. I have 2 brothers and sister, they are US citizens and are willing to provide sponsorship.
Hans Burgos, P.A., Immigration Law Offices | Hans Burgos
A Petition for Relative (Form I-130) is revoked upon the death of a petitioner. However, said petition may be reinstated provided it was approved prior to the death of the petitioner allowing you to continue the process with a qualified substitute sponsor.
Answer Applies to: Florida
Reza Athari & Associates, PLLC | Reza Athari
If you were in the US when your father passed away, yes it will remain valid. If not, you will have to request it to be reinstated which has a higher standard to be granted. If you are in the US and not in legal status, you will need another petition that was filed for you prior to April 30, 2001 (other conditions apply). You may want to consult with an immigration attorney.
Answer Applies to: Nevada
Christian Schmidt, Attorney at Law | Christian Schmidt
You can only benefit from your father's petition if you resided in the U.S. at the time of his death and you continue to reside in the U.S. Your wife will be included in the petition. Your son might not be covered if he turned 21 depending on the time between filing of the petition and when the priority becomes current.
Answer Applies to: California