Legal Question in Immigration Law in Kansas
Question regarding US immigration
My brother in law came to this country with his father more than 15 years ago. His father became a legal US resident and was in the process of obtaining residency for his son. During this process his father passed away, this happened about 18 months ago.
What options does my brother in law have at this point?
What steps should he take? Who can he contact for help?
2 Answers from Attorneys
Re: Question regarding US immigration
Hello,
It may be possible for your brother in law to reinstate the original petition even though the original petitioner is now deceased. A request for reinstatement must be filed with the immigration service.
Thanks,
Ricardo Vidal
Re: Question regarding US immigration
If an I-130 had been filed for your brother-in-law and subsequently approved prior to his father's decease, an eligible relative of his father can request a reinstatement of the original I-130 and a substitute sponsor of the affidavit of support.
If an I-130 has not been filed, or is still pending, his father's death will automatically terminate the I-130 petition, and he will need to seek other way to immigrate to U.S., such as through a petition by a U.S. citizen spouse, etc.
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