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

Omaha, NE |

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?

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Attorney answers 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

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