The death of a sponsoring relative for an I-130 petition can significantly impact the immigration process. However, certain options may allow the beneficiary to continue with the process under specific circumstances.
Eligibility for reinstatement
If the petitioner dies before the I-130 approval, the petition typically becomes invalid. However, beneficiaries may request “humanitarian reinstatement.” This option is available if the petition was approved before the petitioner’s death. It requires strong evidence that reinstating the petition serves humanitarian purposes, such as keeping family unity or minimizing hardships.
Substitute sponsor requirement
If someone needs humanitarian reinstatement, they will need a substitute sponsor to keep the process going. This sponsor must meet the same requirements as the original petitioner, like being old enough and able to support the immigrant financially. Usually, this new sponsor is a close family member, such as a sibling, parent, or legal guardian.
Survivor benefits for certain relatives
For certain immediate family members, including spouses and minor children of U.S. citizens, immigration laws allow the process to continue even after the petitioner’s death. These individuals may be eligible for “survivor benefits,” meaning they can adjust their status without the need for a substitute sponsor or humanitarian reinstatement.
Consulting an immigration lawyer
Navigating the legal landscape after a sponsor’s death can be complex. An immigration attorney can help evaluate options in this difficult situation. Understanding the options and processes can make a significant difference in reuniting families even after the loss of a loved one.
Navigating the immigration process after a sponsor’s death can be overwhelming, but understanding the available options can provide a path forward. Seeking legal advice ensures that beneficiaries can explore the solutions available for their unique circumstances.
