Do not lose hope if your petitioner or primary applicant passes away; you still have a chance to move to the US.
When a petitioner passes away, an I-130 immigration petition is instantly cancelled. Because of this, immigrant families who have previously lost a loved one commonly endure a double loss because surviving family members may not be allowed to immigrate using the petition of the deceased.
If this has happened to you, particular beneficiaries and family members may still be eligible to apply for immigration benefits even after a petitioner or qualified relative has gone away. We must evaluate each provision to decide whether a remedy is acceptable in your circumstance because each case is different.
Our F4 India team has successfully handled many cases of humanitarian reinstatement. Don't hesitate to contact us if you want to speak with one of our representatives.
Important: Please be informed that if a different sponsor's paperwork is submitted on the day of the interview, it will not revive the petition if the petitioner dies. Before the matter can proceed, the US Consulate must receive notification from DHS that the petition has been reinstated. Therefore, if you intend to present documentation from additional sponsors during the interview, it will be a waste of time.
The following options are possible:
When one of our petitioners or applicants passes away, we are heartbroken to learn about it. However, the outcome of a visa petition may be significantly impacted by the death of a petitioner or applicant. The petition is immediately revoked if the petitioner passes away before the primary applicant enters the country. This suggests that the petition will need to be sent back to the Department of Homeland Security because the consular officer will be unable to issue visas to any of the petition's recipients.
