Asked in Immigration Law for California

Q: Can we still get us immigrant visa even if the petitioner had died?

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1 Lawyer Answer
Mr Brian D. Lerner
Mr Brian D. Lerner
  • Immigration Law Lawyer
  • Long Beach, CA
  • Licensed in California

A: Hello:

Humanitarian Reinstatement

Unfortunately, when the petitioner dies in a family petition, the petition itself is automatically terminated. The only way to address this situation would prepare a Humanitarian Reinstatement. This is a request that is willing to allow in essence a request to move forward even though the petitioner has died. We would prepare the attorney cover letter, declarations, affidavits, supporting documentation and all other relevant evidence. Afterwards, we submit to the appropriate governmental unit for decision.  If successful, then the same priority date will exist and the beneficiary will have have to wait multiple years more for another petition or be without any petition at all after waiting numerous years. 

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