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January 5, 2009: Does Death of Petitioner Cause Death of Petition?

January 5, 2009

Does Death of Petitioner Cause Death of Petition?

Q.
My father was a WWII veteran and an American citizen. He passed away in 1994. He petitioned for his adult children. Can those petitions still be considered? Is it true that once the petitioner dies all his petitions die with him? Thank you very much!!!
— Anonymous

A.
You are welcome. The general rule is that the petition dies with the petitioner pursuant to 8 C.F.R. 205.1(a). The term used in that section of the regulations is “automatic revocation” on the death of the petitioner. However, if the USCIS approved the I-130 petitions before your father died, then there is a procedure to “reinstate” the approvals.

It will be necessary for each direct beneficiary to establish “humanitarian factors” which would warrant reinstatement. Such factors include whether there is: disruption of an established family unit, hardship to U.S citizens or resident aliens, a beneficiary who is elderly or sick, long residence in the US by the beneficiary, and strong family ties in the US by the beneficiary. This list is not all-inclusive. There may be other compelling circumstances warranting a request for reinstatement. You may want to retain the services of a qualified immigration lawyer to review the facts in these cases before filing anything with USCIS.

Good luck!

Michael Shane and Evan Shane Immigration Lawyers

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