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MY U.S. CITIZEN PARENT FILED AN IMMIGRANT PETITION AND WAS APPROVED LONG AGO. HE IS ALREADY DEAD. I AM STILL ABROAD. CAN I STILL PURSUE THE PETITION?

My U.S. Citizen Parent filed an Immigrant Petition and was approved long ago. He is already dead. I am still abroad. Can I still pursue the Petition?

Death usually automatically revokes the approved Petition. However, under 8 C.F.R. 205.1(i)(C)(2), the beneficiary can still pursue the Petition through Humanitarian Revalidation/Reinstatement provided a Substitute Sponsor who is related to the beneficiary prepares an Affidavit of Support. This immigration procedure does not entail a filing fee with the USCIS and takes a bit of time (usually within two years) to obtain a decision. This procedure also requires a lot of documentation, legal eligibility requirements and proper explanation as to why the beneficiary deserves to immigrate to the U.S. despite the death of the Petitioner.

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