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I-130: after sponsor died what happens

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  • I-130: after sponsor died what happens

    Hi, My MIL was a us Citizen when she applied for her sons petition for I-130 back in 2011. She died 2 months ago.

    Question: Can my Father in law continue the application or is there any way the file could be transfer on his name?

  • #2
    Is her son or any of his family living in the US?

    The father could file a new petition for the son (assuming it's the son's biological father or the son's stepfather and the stepfather married the mother before he was 18) but the wait for visa numbers would start over from scratch, as the priority date would be right now when he files it.

    This is my personal opinion and is not to be construed as legal advice.

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