Using I-130 of a deceased Petitioner

[the_scepticus]

Hi guys. I would really appreciate your response to my question.

Situation: My father applied for me under family based category F3 back in the year 2001. The priority date issued under this case was Dec 2001 and I-130 was approved in the Aug 2005. Unfortunately my father passed away last year.

Question#1: Is my F3 case finished?

Question#2: If my mother or my brother, both US citizens, apply for me, can they still use the old I-130 petition, which my father filed?

I would really appreciate any response. Thanx

[Salsa2]

If the petitioner dies, the case does too. Yes, you may be able to substitute a new petitioner (your mother). Ask Laurel in her chat tomorrow, this is a good question.

[Laura]

It is a good question. The petition is definitely no longer valid once the petitioner passes away. If that petition had been filed by April 2001, it might still be valuable for the 245i benefits, because I think all that matters for that the original petition was approvable at the time it was filed... I don't think anyone else can take over though... but it's a good question for Laurel in the free chat.

[the_scepticus]

Ask Laurel in her chat tomorrow, this is a good question.

What time is the chat? How do I get in it?

[Kolken]

Automatic revocation of an Immigrant Petition may be avoided should USCIS decide that for humanitarian reasons the Petition should not be revoked. 8 C.F.R. §§205.1(a)(3)(i)(C), 1204.1(a)(3)(i)(C); Sanchez-Trujillo v. INS, 620 F. Supp. 1361 (W.D.N.C. 1985); Pierno v. INS, 397 F.2d 949, 950 (2d Cir. 1968).

Congress has sought to ameliorate the harshness of revocation by permitting the substitution of certain relatives to meet the affidavit of support requirements under INA §213A(f)(5) when the petitioning relative has died and the Attorney General, on humanitarian grounds, decides not to revoke the approved Form I-130 petition.

[simply-heartfelt]

Hey Kolken..... could you put that in terms that most people would understand.

We really appreciate your time and effort to help, but I'm afraid many would not understand much of what you just posted.

[Kolken]

USCIS (if they want) may allow another relative to step in the place of the person who filed the I-130.