Revocation of Petition Due to Death of I-130 Petitioner: Our Team Reinstates!
August 30, 2023

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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!

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