Petition of mother for married daughter.

Asked over 1 year ago - Los Angeles, CA

I filed a petition for my married daughter I-130, I know the processing period for this category this time is more or less 20 years If something happen to me is my petition be revoked, can my son who is also a US citizen can take over or continue my petition for my daughter?

Attorney answers (2)

  1. Carl Michael Shusterman


    Contributor Level 20


    Lawyers agree


    Answered . If you passed away before your daughter immigrated, she could apply to have the petition reinstated if there are humanitarian grounds to warrant this. If she is residing in the U.S. on the day that you died, she could invoke the survivors law, and be allowed to immigrate to the U.S.

    Your son cannot "take over" the petition.

    Please click the link below for additional information.

    Carl Shusterman, Esq.
    Former INS Trial Attorney (1976-82)
    Board Certified Immigration Attorney (1986 - Present)
    Schedule a Legal Consultation - Know Your Rights!
    600 Wilshire Blvd., Suite 1550
    Los Angeles, CA 90017
    (213) 394-4554 x0
    Web: (English) (Spanish)

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. J Charles Ferrari

    Contributor Level 20

    Answered . Death of a family based petitioner terminates the petition. A humanitarian reinstatement may or may not be possible depending on all the facts of the case.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more

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