Asked in Immigration Law for California

Q: What happens if the petitioner were to die before 1-130 is approved, also can R-1 be filed while I-130 is pending?

Would someone be able to take the place of myself of the existing I-130 should I die or would a new I-130 application need to be made? Can a religious visa be applied for while an I-130 is pending final approval from Juarez Consulate or would that cause a conflict due to the request to immigrate and work at the same time on a religious visa?

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2 Lawyer Answers
Gunda Yohanna Brost
Gunda Yohanna Brost
Answered
  • Immigration Law Lawyer
  • Cedar Falls, IA

A: There are laws that protect you if a petitioner dies but you should consult directly with a skilled immigration attorney for best results as without seeing your actual documents we are only speculating.

James L. Arrasmith
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: If the petitioner were to die before the I-130 is approved, the petition would become void and could not be approved. In this situation, it may be possible for a family member or other sponsor to file a new I-130 petition on your behalf. However, the specific requirements and procedures for this process can vary depending on the circumstances, so it's best to consult with an experienced immigration attorney for guidance.

Regarding the R-1 visa, it is possible to file for an R-1 visa while an I-130 is pending, as long as the individual meets the eligibility requirements for both visas. However, it's important to note that the R-1 visa is temporary and does not provide a direct path to permanent residency, while the I-130 is the first step in the process of obtaining permanent residency.

As for applying for a religious visa while an I-130 is pending, it's possible to apply for both visas simultaneously. However, it's important to carefully consider the specific circumstances of your case and whether there may be any conflicts or issues that could arise from pursuing both visas at the same time. An immigration attorney can help you evaluate your options and determine the best course of action.

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