My Brother Died

[snib85]

Hi,

I'm from Pakistan. My brother applied for me and my family immigration. We got letter last month. He died in 2010. Can we still proceed?

[dpatel126]

Hi,

I'm from Pakistan. My brother applied for me and my family immigration. We got letter last month. He died in 2010. Can we still proceed?

I am sorry to hear about your brother. Unfortunately, if the petitioner dies then file gets destroyed too. You cannot proceed further. Even if you do, they will find out during the processing and will not issue visa. You can inform the NVC or consulate to let them know that the petitioner has past away.

[dhira_98]

Yes, You can. You need a substitute sponsor and a good immigration lawyer.

Hi,

I'm from Pakistan. My brother applied for me and my family immigration. We got letter last month. He died in 2010. Can we still proceed?

[Ismat Sarwar]

Hi,

I'm from Pakistan. My brother applied for me and my family immigration. We got letter last month. He died in 2010. Can we still proceed?

Hi,

Although by law a family-based petition like yours is automatically revoked upon the death of the petitioner, the U.S. Citizenship and Immigration Services (USCIS) can reinstate the visa petition (Form I-130) even after the petitioner dies and allow the beneficiary to continue the process for an immigrant visa, if USCIS finds that the revocation would be inappropriate for humanitarian reasons.
To benefit from this, you need to have a substitute sponsor (a Legal Permanent Resident or a U.S. Citizen) request USCIS for humanitarian reinstatement of your previously approved I-130 visa petition. If your substitute sponsor meets USCIS requirements, your visa petition will be reinstated and assigned the same priority date. Once your priority date becomes current for processing, the National Visa Center will contact you and your substitute sponsor regarding completion of documentary requirements.
I hope this information has been helpful to you.