approved I-130 but father expired. what can I do?

My friend's mother and siblings had applied for I-130 which got approved but her father who was a citizen and sponsor died in August. can anyone pls help. They cannt afford a lawyer. can the same I130 be used to come to U.S.?

My friend's mother and siblings had applied for I-130 which got approved but her father who was a citizen and sponsor died in August. can anyone pls help. They cannt afford a lawyer. can the same I130 be used to come to U.S.?

ypically, when the visa petitioner dies, the approved I-130 originally filed by the visa petitioner is automatically revoked. However, following the passage of the Family Sponsor Immigration Act, P.L. 107-150, beneficiaries of these petitions may file for reinstatement so long as they can provide an I-864 Affidavit of Support filed by a "substitute sponsor".

In order to seek reinstatement of the visa petition, you must submit a statement to the INS office where the original visa petition was filed formally requesting reinstatement of the visa petition. The statement should list reasons why your case warrants reinstatement, such as your ties to the United States, or hardship that would occur to you if the request for reinstatement were not granted.

You must also include with your reinstatement request a Form I-864 Affidavit of Support completed by a "substitute sponsor". A substitute sponsor must be a citizen or national, or an alien lawfully admitted for permanent residence, at least 18 years of age, and domiciled in the United States. A substitute sponsor must also be related to you as one of the following: spouse, parent, mother-in-law, father-in-law, sibling, child (if at least 18 years of age), son, daughter, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, or grandchild. This substitute sponsor is filing the I-864 in place of the deceased petitioner, and must meet all of the financial requirements of a sponsor pursuant to INA 213A.

Finally, you should also include with your reinstatement request documentary evidence of the relationship between you and the substitute sponsor.


What is a "substitute sponsor" and how can I be one?
A substitute sponsor is a sponsor who files an I-864 Affidavit of Support in place of a visa petitioner who has died. In order to be a "substitute sponsor," you must be related to the intending immigrant in one of the following ways: spouse, parent, mother-in-law, father-in-law, sibling, child (if at least 18 years of age), son, daughter, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, or grandchild. You must also be a U.S. citizen or national or an alien lawfully admitted for permanent residence, be at least 18 years of age, domiciled in the United States, and meet all of the financial requirements of a sponsor pursuant to INA 213A.

Should the request for reinstatement be approved, and the intending immigrant ultimately obtains permanent residence in the United States, you will assume all of the obligations of a I-864 sponsor.

In order to be a "substitute sponsor," complete Form I-864 and submit it to the INS office where the revoked visa petition (Form I-130) was originally filed, along with a statement from the intending immigrant formally requesting reinstatement (See "How can I reinstate a visa petition that was revoked by the death of the original petitioner?") and evidence that you are related to the intending immigrant in one of

Here are some links that might help
http://foia.state.gov/masterdocs/09fam/0942042PN.pdf

The link to the law
http://www.house.gov/judiciary/107-127.pdf