Legal Question in Immigration Law in California

My father, whos is the mail petitioner, died on September 9 and my sister, who is being petitioned, is set to have her interview at the american embassy of the philippines in October 15. What is the best way to solve this problem?


Asked on 10/13/09, 3:12 am

2 Answers from Attorneys

Luba Smal Smal Immigration Law Office

When the petitioner (father) had died, the petition "died" with him. The usual process was to notify the USCIS, NVC or Embassy about the petitioner's death, and then apply for a humanitarian reinstatement of the I-130 petition, invalidated by the death of petitioner. It can be done if there is a substitute petitioner and sponsor.

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Answered on 10/13/09, 12:01 pm
Charles Medina Law Office of Charles Medina

When the petitioner died, the I-130 petition will automatically be revoked. Your sister might consider the humanitarian reinstatement of the I-130 petition, or if she has other options.

We suggest you to consult with an immigration attorney.

You may visit our website at www.medinalawgroup.net or contact us via [email protected]. Thank you.

The above reply is for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site does not create an attorney-client relationship.

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Answered on 10/13/09, 11:00 pm


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