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請問8老師,我母親於2008年申請我姐姐(公民已婚子女)一家移民, 仍在排期等待中,媽媽剛過世,是否整個case 就失效了? 我谘詢了幾個律師,說法各不同。

-Depends. If the I-130 has been approved before your mother passed away, then it is still valid as long as the substitute sponsor can be found to take over the case by submitting completed Form I-864.  In your case, you can be the substitute sponsor if you are a US citizen or green card holder and you or your family have enough money to sponsor your sister.

But if the I-130 was not approved before your mother passed away, then it is void.

Read these links for some more information:

http://www.uscis.gov/green-card/green-card-through-family/humanitarian-reinstatement

http://www.immihelp.com/affidavit-of-support/substitute-sponsor-death-original-sponsor.html

 

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