If your petitioner dies while your immigration process is still pending, it can significantly impact your case. However, there are steps you can take depending on the stage of your immigration application.
Contact USCIS or the Department of State
If the petitioner passes away before your immigration petition is approved, you should immediately notify the United States Citizenship and Immigration Services (USCIS) or the Department of State, depending on where your application is being processed. Provide them with a copy of the death certificate and inquire about the next steps.
Request Humanitarian Reinstatement
In some cases, you may be eligible for humanitarian reinstatement, which allows your immigration petition to continue despite the petitioner’s death. You must demonstrate that there are compelling humanitarian reasons to reinstate the petition and that you would suffer extreme hardship if the petition were not reinstated.
Find a Substitute Sponsor
If you are in the process of adjusting your status and your petitioner dies, you may be able to find a substitute sponsor. A substitute sponsor must meet the eligibility requirements and be willing to assume financial responsibility for you.
Explore Other Options
Depending on your specific circumstances, you may have other immigration options available to you. For example, if you are the spouse of a U.S. citizen petitioner who passed away and you had a tense marriage, you may be eligible for self-petition under the Violence Against Women Act (VAWA) or through other family-based immigration categories.
Contact Our Office
Navigating immigration matters can be complex, especially in cases involving the death of a petitioner. Call us for free so we can assess your situation, explain your options, and assist you in taking the necessary steps to move forward with your case. As an added measure, ask us about wills and powers of attorney so you and your family can be further protected. Read about those options here.
Notes from the Attorney
When your petitioner dies, it does not necessarily mean the end of your immigration journey. By taking proactive steps and seeking appropriate legal assistance, you may still be able to pursue your immigration goals and obtain lawful status in the United States. Know that Qazi Law is here to help you every step of the way- call us at 630 504-0648 to get started.
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