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Am i still qualified for immigration visa to usa if my petitioner (my father) died during the processing of the immigration vsia

Roseville, MI |

my visa still in california center. i am 25 years, married and have daughter. my petition applied on 2007

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Attorney answers 6


Unfortunately, if a petitioner dies while the petition is pending, the petition cannot be approved or if approved will be revoked. You may be able to have a Substitute Sponsor. I encourage you to contact an experienced immigration attorney to discuss the matter further.


More information is needed. In some situations, the law may help, but the fact that your father died during processing may complicate matters.

I strongly recommend an appointment with a competent and experienced immigration attorney who is familiar with benefits for those whose petitioner has passed away. There are two sections that may provide answers, but an attorney should spend enough time to carefully evaluate your claim and discuss all of your immigration and visa options. Good luck.

This is general information, not legal advice, and does not create an attorney client relationship.


You will have to call with the details, it appears you are already in the US and therefore, hopefully already have some immigration status. I am sorry to hear for the death of your father, and sadly it will complicate you immigration status. Please cal Monday.

To the PROSPECTIVE client, please call myself or another attorney for your choice with more detaiils and an appointment. My PRELIMINARY answer to your question(s) is for general purposes and based upon what little information you have conveyed. It is based on such limited information that the general answer should never be relied as a reason for your action or inaction. My response does NOT establish an attorney-client relationship and such may only be established by mutual agreement, and the signing of a written retainer agreement, which will generally require payment for our services, as this is what we do for a living and, just like you, we must get paid for our work.. .


Yes ... but only if you satisfy certain requirements . . .
Your post suggests that possibility may exist in your case. I would suggest you talk to an experienced immigration attorney with all the information. Best Wishes!
Lalita Haran
Attorney: Immigration Law
13295 Illinois St., Ste., 128
Carmel IN 46032
Ph: (317) 660-6174


I agree with my colleagues, that this is complicated matter, it will depend on precisely where you are in the process. I encourage you to contact an experienced immigration attorney to assist you.

Heather L. Garvock Attorney Ellis Porter, PLC 2701 Troy Center Dr., 410 Troy, MI 48084 Phone: 248-519-9900 Fax: 248-519-9901 Email: For more information about current issues and developments in immigration law, visit my blog: The information I provide on my blog and Avvo is for informational purposes only and does not constitute legal advice or create an attorney client relationship.


If you resided in the U.S. at the time of your father's death you should be able to continue to pursue permanent residency exactly as before despite your father's death, although at a certain point you will need to have another relative file an affidavit of support upon your behalf. If you were not residing in the U.S. when your father died, then you can ask USCIS to reinstate his petition upon your behalf, but only if there are sufficient "humanitarian reasons" why it should be reinstated. Again, a substitute sponsor would eventually be required. Depending upon how your father got his permanent residency there may be other ways of expediting the process.