My petitioner died. Can I still immigrate?

When a petitioner dies, the I-130 petition filed by the petitioner on your behalf is automatically revoked, except in the case of a widow(er) of a United States Citizen (USC). For a widow(er) of a USC, the I-130 is automatically converted to an I-360 widow(er) petition upon the death of the USC spouse. For others, the I-130 is revoked upon the petitioner’s death and immigration under the revoked I-130 petition requires a request for and approval of humanitarian reinstatement by USCIS. We would need to assess your case to determine whether or not any remedies exist under the law with your particular facts and circumstances.

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