Skip to main content

How to reinstate I-130 after the death of a Petitioner?

Omaha, NE |
Filed under: Immigration

My father (U.S. citizen) passed away while I-130 (Family based preference - married son over 21) was pending. It was approved 9 days after he passed away. Is it possible to reinstate I-130? Can my mother (also a U.S. Citizen) be the petitioner for the existing I-130 or do we have to start over?

Attorney Answers 1


  1. It is an unfortunate situation. Such petitions usually die with the parent petitioner. There might be some work that can be done on humanitarian ground. However, until we have more facts, it is hard to answer.

    Good Luck
    Shah Peerally
    Founder and Managing Attorney of Shah Peerally Law Group PC

    The Law Firm Deals in Immigration law, Bankruptcy & Debt Relief

    Note: The above answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney client relationship is created unless a retainer or a fee agreement is signed by the attorney and the client.

Immigration topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics