Skip to main content

What will happen to my petition if the petitioner dies ?

Orlando, FL |
Filed under: Immigration

My father is a green card holder and he has filled a petition for me, single over 21 years old son from Egypt- I know that it will take years to be approved , but my father is 60 years old Now , so i want to know what will happen if he dies while my case is still pending ?! will it be terminated ?

My Mother is a green card holder too, she became a resident at the same time as my father did , they both got the green card through my sister
My sister is a citizen.

What is the best advice to keep on my petition ?

Attorney Answers 3

Posted

Always always always have BOTH parents file petitions. This way, if one parent becomes a citizen and the other doesn't, you still will get your green card faster. If one dies and the other does not, you do not have to get into absurd process of reinstating the petition with the other parent. Reinstatement can take up to two years for some crazy reason. It can be difficult to get, as well, because CIS wrongfully requires a showing of hardship for reinstatement.

Have your mom file for you as well. Good luck!

Mark as helpful

1 found this helpful

1 lawyer agrees

Posted

If the petitioner dies the visa petition becomes invalid/void. Once that happens, you can petition for humanitarian reinstatement, which may or may not be approved. That allows another US citizen relative to assume the sponsorship of the petition. This means that your mother could possibly assume the sponsorship if your father passes. If your mother cannot file the petition, then your sister could file the petition for humanitarian reinstatement. The problem there is that you would change catergories to sibling which has an even longer wait.

Mark as helpful

2 found this helpful

Posted

Generally, if the petitioner dies before approval, the petition is terminated. Where the petitioner dies after approval, on humanitarian grounds, USCIS may continue with the petition where you have a qualified relative who can take over and fufill the affidavit of support obligations as a sustitute sponsor.
Hopefully your father will live well into old age.
Good luck.

Mark as helpful

3 found this helpful

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