Death of the I-130 Petitioner leads to revocation of petition, our team reinstates!
We would like to share another successful case by the Law Offices of Sabrina Li!
Our client came to us seeking help to obtain legal status. His father had filed an I-130 application for him in 1994, and the petition had been approved a year later. Then, just two years after the I-130 was approved, the client’s father, the I-130 petitioner, sadly passed away.
After waiting for over twenty years to be able to finalize his process, our client was sadly informed that the death of the I-130 causes an automatic revocation of the petition under 8 C.F.R. § 205.1(a). Our client had very little hope after that.
However, our experienced team had knowledge of the law at 8 C.F.R. § 205.1(a)(3)(i)(C) which allowed our client to request that his I-130 be reinstated if he met certain conditions.
We filed a request with USCIS to reinstate his I-130 petition. A reinstatement of the petition would put our client back in line to obtain his green card through adjustment of status when his priority date became current. Our firm argued that a reinstatement would be appropriate in our client’s case as he had many positive equities including his U.S. citizen children, a long residence in the United States, and deplorable country conditions in his country of origin.
After a two year fight with USCIS, our request was finally successful and our client’s I-130 was reopened and reinstated! Our client was very happy as he is now eligible to obtain his green card through adjustment of status.
If you or anyone you know is in a similar circumstance and need professional help, contact our office!