Death Of Petitioning Relative Does Not Necessarily Mean the Death of the Immigration Process

By |2013-07-10T07:54:17-05:00July 10th, 2013|Categories: Family-Based Immigration Law, Lawful Permanent Residence in the U.S., U.S. Immigration Law and Legislation|Tags: , , , , , , , , , |

Published:  July 10, 2013 In the past, basic immigration law doctrine dictates that when a petitioning relative dies before their petitioned relative(s) obtains their immigrant visa or resident status, the petition also dies.  That is, an I-130 family based visa petition filed on behalf a relative becomes without effect, or is automatically revoked, upon the death of the U.S. citizen, or lawful permanent resident petitioner.  With the enactment of various reinstatement provisions however, death of a petitioning family member is NOT necessarily the end of the story.  That is, depending on the circumstances, the petitioned family may rightfully continue to hold […]