What Happens to an Immigrant Petition After the Death of a Sponsor?

Published: March 18, 2025

Eligibility of most immigrants to secure US permanent residency hinges on a petition filed by an employer or family member. In 2023, approximately 64 percent became lawful permanent residents (LPRs) through a family relationship with a US citizen or current LPR. 

Family sponsorship is one of the fastest immigration pathways to gain an LPR status in the US. However, in some complex cases, the sponsor dies before the eligible family relatives finish the green card application process. 

The impact of the sponsor’s death on the immigration case can differ based on various factors, such as the petition category, application stage, and available legal options. It’s strongly advisable to speak with an experienced lawyer as your first course of action. 

We at ALG Lawyers, Los Angeles immigration lawyers, understand the uncertainty the death of a sponsor can create in an immigrant’s case. To initially illustrate the process, let’s explore the possibilities when your sponsor unexpectedly passes away while your immigration petition is still in process. 

Impact of Sponsor’s Death on Pending Immigrant Petitions

Historically, United States Citizenship and Immigration Services (USCIS) denied the petition if the sponsor passed away before it was approved. But under the new statutory provision, the petitioner’s death doesn’t automatically end the immigration process. 

Under certain circumstances, US immigration law allows some immigrants to continue with their petition even if the sponsor dies before completing the application process. However, the exact nature of the possibilities depends on the following factors: 

• The stage of the immigration process when the US sponsor died
• Whether the sponsor held US citizenship or lawful permanent residency
• Whether the immigrant was married to the petitioner
• The capacity to secure a substitute financial sponsor

Given the unique nature of each case, consultation with an immigration attorney is strongly advisable to ascertain the most appropriate course of action. Read on to learn what options are available for you or your loved one. 

Possible Legal Steps Following the Death of Your Sponsor

The emotional burden of losing a loved one makes dealing with the immigration process more challenging. While it’s a very overwhelming process, you can explore the following legal steps with the assistance of an experienced immigration attorney to continue your petition: 

Find a substitute sponsor

In the event of a petitioner’s death, applicants typically need to demonstrate they won’t become a public charge to qualify for adjustment of status. That often involves finding a substitute sponsor. The USCIS requires this to ensure you won’t become the government’s responsibility. 

Eligible substitute sponsors must complete the Affidavit of Support in place of the deceased visa petitioner. It must specify that the new sponsor has the financial capacity to support the immigrants and their own households at the required income threshold. That’s equivalent to or exceeding 125% of the federal poverty guidelines or 100% for military families. 

Request section 204 (I) relief

US Congress in 2009 enacted Section 204 (I) of the Immigration and Nationality Act (INA) to protect certain surviving relatives. It enables you to proceed with the immigration process even after losing the original sponsor, provided that you satisfy specific criteria. 

You can submit a written request to USCIS for this relief. Providing evidence of your residency in the US at the time of the petitioner’s death is a critical requirement for Section 204 (I). Residence is defined by USCIS as your primary home without consideration of the intent. 

Apply for humanitarian reinstatement 

If you’re the principal beneficiary of an approved immigrant petition, you may apply for reinstatement on humanitarian grounds. USVCIS exercises discretion in granting this relief based on various considerations, such as family ties, hardship, and public interest. It’s worth noting that humanitarian reinstatement is not available to derivative beneficiaries. 

File a self-petition

Surviving spouses of US citizens can file a self-petition within two years of the petitioner’s death. Suppose the US citizen had already filed the petition before dying. You must notify the USCIS of the petitioner’s death and request to convert it to a petition for Amerasian, Widow(er), or Special Immigrant. 

Unlike in previous versions of the law, self-petition is available regardless of the marriage duration. However, you can only be eligible for this option if you’re not divorced or legally separated at the time. 

Get Your Immigration Case Approved With ALG Lawyers

The death of a petitioner further complicates an already complex immigration process. While there are pathways available to proceed with your petition, USCIS retains the discretion to grant or deny it. 

Consulting with a Los Angeles immigration lawyer ensures you’re on the right path and adhere to all the criteria for eligibility. Our team at ALG Lawyers can assist you in evaluating your situation and getting your immigration case approved. Connect with our firm today for reliable immigration assistance.