Father died - can we transfer sponsorship app to mother

[aj_saaj]

My father filed I-130 for my married sister (age above 21) a few years ago but he passed away last week. My mother is also a citizen, can my father's application be transferred to my mother? Is there a way to preserve the age/time duration of the application?

[omshiv]

Not sure if that's possible..but do talk to an Attorney.

[JoeF]

No, that's not possible.

Your mother would have to file a new I-130.

[chakrakr]

My father filed I-130 for my married sister (age above 21) a few years ago but he passed away last week. My mother is also a citizen, can my father's application be transferred to my mother? Is there a way to preserve the age/time duration of the application?

It cannot be transferred but I believe the your father's petition can continue.  If I remember correct,  there was a new law couple of years back.  Belle is an expert in that. 

[JoeF]

The petition can indeed continue, under INA 204(l).

"(l) SURVIVING RELATIVE CONSIDERATION FOR CERTAIN PETITIONS AND APPLICATIONS- (1) IN GENERAL- An alien described in paragraph (2) who resided in the United States at the time of the death of the qualifying relative and who continues to reside in the United States shall have such petition described in paragraph (2), or an application for adjustment of status to that of a person admitted for lawful permanent residence based upon the family relationship described in paragraph (2), and any related applications, adjudicated notwithstanding the death of the qualifying relative, unless the Secretary of Homeland Security determines, in the unreviewable discretion of the Secretary, that approval would not be in the public interest."

 

One site I found (sorry, can't post the link here) cautions that if there has been some misrepresentation, getting a waiver of inadmissibility would only work for parents or spouse:

"The terms “qualifying relative” and “related applications” are very significant.  The intending immigrant may have made a material misrepresentation in order to obtain an immigration benefit.  In that case, s/he will need a waiver of that ground of inadmissibility.  
Qualifying relatives for that waiver are parents and spouses only.  Sons and daughters do not qualify.  Therefore, where the petitioner is the living relative (such as the son or daughter) but the qualifying relative for the waiver is the parent or spouse, under prior law, the alien could not apply for the waiver and, therefore, could not immigrate.  Under 204(l), the alien can continue to pursue the waiver notwithstanding the death of the qualifying relative."

 

It is therefore important to discuss the particular situation with a good immigration lawyer.

[preeet78]

I am  having similar kind  of situation as my father was Green card holder and filed I30 for me (Unmarried son above 21) but unfortunately he passed away and I am married now .Now my mother is US citizen so  please advice can my mother  take over same petition which was filed by my father   As the priority date is now current .

So please advice if we can consult any Immigration lawyer so that I along with my family can immigrate to US.