Father Applied to Sponsor My Brother, but he is Now Deceased

[FoundNanning 0]

I'm asking this question for a close friend of my wife:

Several years ago, her Father applied to bring her Brother from China. Her Brother was placed on a long (10 year) list. However, her Father died this year. Now, she would like to start the process herself to bring her brother over here. What should she do re: her Father's previous application? Is there any way for her to "take it over , or does she need to start from "square one"? If so, does she tell Immigration about her Father's previous application and death?

TIA

Edited April 15, 2014 by FoundNanning

[Hypnos 6,576]

Yes, your wife's friend can become what is called a substitute sponsor. Once the priority date of the already-approved I-130 becomes current and the brother begins to communicate with the NVC, he should inform them that the original sponsor is deceased, but that a substitute sponsor wishes to proceed with the application.

Edited April 16, 2014 by Hypnos

[Baileys 39]

Yes, your wife's friend can become what is called a substitute sponsor. Once the priority date of the already-approved I-130 becomes current and the brother begins to communicate with the NVC, he should inform them that the original sponsor is deceased, but that a substitute sponsor wishes to proceed with the application.

Hypnos, do you know if the sibling retains the original PD and category or will he be shunted back to F4? I assume the new category would apply but not sure about the PD.