When a U.S. citizen or permanent resident files an I‑130 petition for a relative, they serve as the immigrant’s financial sponsor. But if that person dies before the process is complete, the petition is automatically revoked—potentially putting the immigrant’s green card at risk.
Fortunately, there is an option called humanitarian reinstatement, which allows the petition to continue despite the sponsor’s death. This is not automatic, and USCIS reviews these cases individually.
According to the U.S. Citizenship and Immigration Services, you may request reinstatement if:
- The I‑130 was approved before the sponsor passed away.
- The principal beneficiary is not barred by serious immigration or criminal issues.
- A written request is submitted with humanitarian reasons, such as long-term U.S. residence, health conditions, or family ties.
In addition, the applicant must find a substitute sponsor who agrees to submit a new Affidavit of Support using Form I‑864. This person must be a U.S. citizen or permanent resident and meet income requirements.
There is no official form for this process—just a formal request, strong supporting documents, and patience. A well-prepared case improves the chances of success and helps preserve family unity.
Conclusion
Losing a sponsor doesn’t have to mean losing your immigration opportunity. With the right legal support and timely action, you may still complete your petition through humanitarian relief.
Need help navigating a family-based case after a sponsor’s death?
Schedule a legal consultation here: https://shairlegal.com