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?
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.
Founder and Managing Attorney of Shah Peerally Law Group PC
The Law Firm Deals in Immigration law, Bankruptcy & Debt Relief
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