Death of petitioner

By: J. G. Azarcon, Esq
What happens to a family based petition if the petitioner dies?
If the death of the petitioner occurs before the approval of the petitioner, it is automatically revoked. If the death of the petitioner occurs after the approval by the Immigration Service of the petition, it is also automatically revoked, unless the government determines that based on humanitarian grounds the revocation would be inappropriate. Approval is discretionary and depends upon each factual situation. Family ties in the U.S. will likely play a factor.
If the petition is not revoked based on humanitarian grounds, the alien beneficiary must find a substitute sponsor to execute the required affidavit of support. Under the Family Sponsor Immigration Act of 2002, the spouse, parent, mother-in-law, father-in-law, sibling, child if at least 18 years of age, son-in-law, daughter-in-law, sister or brother-in-law, grandparent, grandchild or legal guardian of the beneficiary qualifies to substitute for the deceased petitioner.
If the deceased is a US citizen who has petitioned for his/her spouse, the petition can still be approved if the couple were married and lived together for two years. The alien beneficiary needs to apply for within two years from the spouseÂ?s death and must not have remarried.