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Father died few months ago and was I-130 sponsor for my two sibilngs who are 35 and 40. What should I do? New I-485? New I-130?

San Francisco, CA |

My father passed away a few months ago and he was the primary sponsor for my two siblings. They priority date is in about a year and they have never been to the USA. My father had filed for them as a permanent resident, but did not update his petition to speed up their application.

What can I do? Is there a form I can file to take over as sponsor? What are the fees for something like that?

Can my other sibling who is a permanent resident do it or should I do it as the citizen?

Attorney Answers 3


  1. Reinstatement may be available for humanitarian reasons. Please consult with an immigration attorney for more situation specific information.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


  2. I agree with my colleague.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  3. All you can do is try for humanitarian reinstatement.

    You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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