If the petitioner for your I-130 petition has passed away, you may not know what to do next regarding your immigration status. This can be a very challenging time, especially since your petitioner was most likely a close family member who is helping you to come to the United States. As overwhelming as this process may feel, it is crucial that you act quickly, as your immigration status may be in jeopardy. Here is everything you need to know about what happens after your I-130 is approved and how to move forward if your petitioner has passed away.
What Happens If a Petitioner Dies After I-130 Approval?
A petition for alien relative or I-130 petition is a very common option immigrants use if they want to come to the United States legally. The process that happens after your form I-130 is approved will depend on whether you are applying outside or inside of the United States. You may have to provide additional documentation as well as schedule an interview at the U.S. embassy or consulate.
The basis of an I-130 petition is that you have a qualifying relationship with the person who is acting as your petitioner. This is the person who is taking responsibility for you so that you can come to the U.S. without being a burden on the United States government. Because of this, petitioners have to go through several different qualifications, just like immigrants do when starting this petition.
What happens when your I-130 is approved will be significantly impacted if the petitioner passed away before the process is complete. When this happens, the USCIS will automatically revoke the petition even if you are already in the process after I-130 approval. This is something that automatically occurs since the government no longer has proof that you are under the responsibility of a U.S. citizen or a green card holder.
If the petitioner dies before the I-130 is approved, it will also be revoked without the possibility of being reinstated.
Getting Section 204(L) Relief
Even though petitions are automatically revoked when the petitioner has passed away, there is now an option for relief that immigrants can pursue. This form of relief is section 204(L) of the Immigration and Nationality Act, which can help you continue to pursue immigration. You can request this type of relief, and the USCIS has the ability to grant section 204(L) relief and reinstate the approval of your I-130 petition.
It is important to understand that section 204(L) relief is not something that immigrants are entitled to as the USCIS can grant this at its own discretion. Because of this, the positive factors related to your request have to outweigh the negative ones for the USCIS to decide to grant this form of relief.
The good news is that section 204(L) relief was originally designed to help individuals who were facing unfortunate circumstances beyond their control. Because the death of your petitioner fits into this category, it is very likely that the USCIS will approve your petition based on humanitarian reasons.
Another aspect of the section 204(L) relief is that you will need to find another petitioner to take the place of the person who has passed away. They will need to be a U.S. citizen or permanent resident who meets all of the same requirements to become a petitioner for either I-130. The new petitioner will need to submit an affidavit of support by filing form I-864 as proof of income and household support.
Steps to Take After Your Petitioner Has Passed Away
Managing your immigration status after your petitioner has passed away is a very overwhelming process, but there are certain steps you have to take if you still want to immigrate to the United States. If you haven’t already hired an immigration attorney, you must do this as quickly as possible so that you have someone to represent you. An attorney will understand all the necessary steps you need to take and can ensure everything is done thoroughly and correctly.
Find Another Petitioner
If your petitioner has passed away before the completion of your I-130 petition, you will need to find another petitioner to take their place. The USCIS requires this so that immigrants who are coming to the United States do not become the responsibility of the United States government.
For a petitioner to qualify, they must meet these eligibility requirements:
- They must be a spouse, child, sibling, parent, or US citizen.
- Proof that a valid relationship exists.
- Prove that the petitioner is a US citizen or green card holder.
- Have an income level at or above 125% of the federal poverty level.
The petitioner will also have to provide extensive documentation showing that the relationship with the beneficiary is real and not fraudulent. For instance, if your spouse is acting as your petitioner, you will have to provide documentation that the marriage is not based on coming to the United States.
Request section 204 (L) Relief
As soon as you are able to, you need to request relief by submitting an official request to the USCIS. The request needs to include the following:
- Your name and the deceased petitioner’s name
- Your alien registration number, if applicable
- Your deceased relative’s alien registration number, if applicable
- Your relative death certificate
- The receipt number on your application or petition
- Proof of your residence
- Form I-864
If the petitioner dies while your petition is pending, you can specifically ask the USCIS to approve your petition under section 204(L) despite the death of your petitioner. You should also do this if your petitioner dies after approval or while your petition is still pending.
Hire an Immigration Attorney Today
Do you want to move forward with your I-130 petition so that you can legally come to the United States? Contact us today at US Immigration Law Counsel at 800-666-4996 to speak with an immigration attorney about the situation. We will deal with the government, so you don’t have to!
