Reinstatement of a revoked I-130 petition
Under 8 CFR 205.1(a)(3)(i)(C), an approved Form I-130 petition for an alien relative is automatically revoked upon the death of the petitioner if the beneficiary has not obtained lawful permanent residence prior to the petitioner’s death. In Matter of Varela, 13 I&N Dec. 453 (BIA 1970), the Board of Immigration Appeals (BIA) held that an…