Can your green card case still move forward even after the petitioner passes away?
For one of our clients from Jamaica, the answer was yes—but only because she fought for it. With the right legal guidance and a powerful humanitarian argument, she was able to overcome heartbreak, delays, and the loss of her greatest supporter.
She originally came to the U.S. on an H-2B visa and last entered the country in 2005. Hoping to build a better future, her U.S. citizen mother filed an I-130 petition on her behalf in July 2007. That petition was approved just months later, in November of that same year.
But in 2021, everything changed.
Her mother passed away in August 2021, leaving behind not just grief, but uncertainty. Without her mother, what would happen to her green card case?
By November 2021, she turned to McBean Law for help. Our team explained that despite the loss of the petitioner, there was still a chance through something called humanitarian reinstatement under INA 204(l)—a process that allows approved petitions to move forward if certain conditions are met after the petitioner dies.
We immediately filed a FOIA request to get a full picture of her case status and documentation. Since the I-130 had already been approved before her mother’s passing, we knew reinstatement was a real possibility.
With the help of her sister—who stepped in as a substitute sponsor and exceeded the financial requirements—we submitted the full humanitarian reinstatement request in April 2022. This included vital documents like the death certificate, detailed family declarations, and strong proof of financial stability.
Her ties to the U.S. were deep and undeniable. She lived with her sisters, two of whom are lawful permanent residents. One sister suffered from a heart condition, another from trauma after a violent attack. All of them relied on her for emotional and financial support.
Back in Jamaica, she carried another weight: two orphaned nieces and nephews who lost their mother to violence. She supported them financially, while her husband and son also remained in Jamaica, depending on her income for survival.
She had been working as a caregiver in the U.S. since 2006—always law-abiding, always contributing, and paying taxes. Her role brought healing to others, and healing to herself after years of hardship.
We argued that allowing this petition to move forward was not just about immigration paperwork—it was about keeping a family together, preventing further trauma, and honoring the legacy of the mother who started this process.
After nearly three years of waiting and legal persistence, on May 2025, the I-130 petition was successfully reinstated.
She is now finally eligible to continue her journey toward lawful permanent residency.
This case is a powerful reminder: even when the road seems closed, there are paths forward. With the right strategy and support, you can overcome what feels impossible.
Need help reviving a petition or understanding your green card options? Call us at (914) 898-9488 or click here to schedule a consultation with an experienced immigration attorney.
P.S. Every case is unique. Prior results do not guarantee similar outcomes. Always consult a licensed immigration attorney about your specific situation.
