Petitioner dies, any other recourse?

I am asking this on behalf of my relatives.

The main petitioner, my uncle, died in 2005 leaving the petitions for his children pending. All the petitions were filed between 1993 and 1995 and all were given case numbers.

After his death, they consulted a lawyer if the petition can be transferred to his wife (the beneficiaries' mother) who is also a US citizen but was told that it cannot be done. The only recourse then was to file a new petition which will again take another 15 years or so. So, they decided to not pursue the case. My aunt (the petitioner's wife) has since then decided to just stay in the Philippines as all her children are there.

Just recently, the interest to revive the petition came again, thus, I was asked to research on it.

Is it still possible to pursue again the petition without filing for a new one? If so, does my aunt need to go back here in the US?

[michaelmoody84]

In general, the I-130 petition originally filed by the visa petitioner (ie:Y our Uncle)is automatically revoked..Being your Aunt as a US Citizen, she can continue the petition which is called as a Substitute Sponsor.

The substitute sponsor must be a U.S. citizen or national, or an alien lawfully admitted for permanent residence, at least 18 years of age, and resident in the United States.

Thank you very much for your response. So, can the petition be re-instated?

I would greatly appreciate it if you can direct me to resources on how to go about this so I can help my aunt and cousins on what to do.

Again, thank you very much for taking time to answer my question.

[michaelmoody84]

Hi Pinoy,

Its ok...I think the website which i have mentioned below will help you to apply for the same.

Apply for US Immigration Services: USCIS, Green Card, US Citizenship, US Visas, Forms

Originally Posted by Pinoy Thank you very much for your response. So, can the petition be re-instated? I would greatly appreciate it if you can direct me to resources on how to go about this so I can help my aunt and cousins on what to do. Again, thank you very much for taking time to answer my question.

Hi,
I need to ask you something which is co-related with this discussion.
My Grandmother had filled the petition in 2001 for my parents.
My parents had their Interview in APRIL 2011 but due to some missing documents which include sponsorship docs and tax doc visa was pending. Now the situation got changed, petitioner is died in Nov 2011 just before the visa issue.
Will my parents be able to get the visa on submission of missing docs.
Visa for US.

Pls do answer my query.
manish_pcea@rediffmail.com