What to do if my aunt filed an I-130 application to immigrate his brother, my uncle, into the US but she recently passed away?

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What to do if my aunt filed an I-130 application to immigrate his brother, my uncle, into the US but she recently passed away?

Does someone who is related to my uncle (i.e., another brother/sister, nephew/niece) is required to file another I-130 application?

Asked on September 20, 2013 under Immigration Law, California

Answers:

Tricia Dwyer / Tricia Dwyer Esq & Associates PLLC

Answered 8 years ago | Contributor

Hello. I am sorry for the loss of your aunt. Another may now petition regarding your relative. Do contact a private attorney who will be happy to help you. Immigration and Visa law is federal law, so any knowledgeable licensed attorney may assist you. You may phone my law firm on Saturdays and Sundays, as well as weekdays. This website provides general information and general principles of law and does not provide private legal advice. Some attorneys are available seven days for emergency legal needs. Many attorneys will speak initially at no charge. Then, if legal work is performed, some attorneys will provide a reduced fee for financial hardship. Some attorneys may also assist you in limited scope manner to conserve legal costs. All the best.

TRICIA DWYER, ESQ.

Tricia Dwyer, Esq & Associates PLLC

Phone: 612-296-9666

365 Days of the Year until 8 p.m. daily

[email protected]

http://dwyerlawfirm.net

IMMIGRATION - VISA LAW

SB, Member, California / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unfortunately, the aunt's petition on behalf of her brother, your uncle, terminates upon her passing away.  However, if there is another US citizen aunt or uncle who can petition for your foreign national uncle, they certainly can file another I-130 petition.  The priority date would be a new one; there is no way to recapture the old priority date.


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