Visa petitions filed by
family members who are LPRs or lawful permanent residents or US citizens to
bring their relatives to the US will undoubtedly face a few hurdles if the
family member acting as their sponsor dies.
However, it must be noted that significant changes in the law have been
brought in the past years and therefore the hope of getting a visa does not die
with the death of a sponsor although the process may be delayed.
All this can be much
easier with the help of some fabulous immigration lawyers. Not sure how to go
about finding one? Give us a call, right here: Immigration.USAttorneys.
This site is a legal
resource center. This site is a force for the good. Sometimes the Internet is
used for nefarious purposes, well, this site counterbalances that evil and then
some. This site has helped countless people realize their dreams and put
themselves in a better position.
How death impact widows and widowers of US citizens
People who are married
to US citizens or who are minor children of US citizens can obtain a green card
without having to face problems. Even if their spouse or father have passed
away before they were able to file an I-130 or just before the petition
approval they will still get their green card. They can file the petition
themselves with help from an immigration attorney and more likely than not will
receive their permits.
In such a case, you
will have to file an I-360 which is available from the USCIS website. The
Affidavit of Support is not required in these cases as is needed in cases of
other family beneficiaries.
Immigration lawyers warn
us that there is a timeline within which you must file the application. The
deadline is two years from the date your spouse or father has died.
Furthermore, if you remarry someone within that period you will not have the
right to obtain a green card. In addition, any sort of criminal conviction
could also jeopardize your efforts.
How does death of a petitioner impact other family member?
The Family Sponsor
Immigration Act came into effect in 2009 and contains remedial measures for
family members of US citizens and green card holders who are affected by the
death of the original petitioner. A list of those impacted by the Family
Sponsor Immigration Act includes:
- Unmarried daughters and sons of US citizens
- Unmarried daughter and sons of green card holders
- Spouses of green card holders
- Married daughters and sons of green card holders
- Brothers and sisters of US citizens
Priority dates do not
affect immediate relatives. However, if a preference relatives will be affected
by the annual visa caps. They will have to wait their turn which is based on
the date when their visa was filed.
Those who are not
immediate relatives will only have to show humanitarian grounds to file for
reinstatement of visa if their sponsor dies. If you face such a situation, you
must fulfill certain conditions.
- You must be living in the US when your sponsor died and on the particular date the USCIS makes a decision on your visa application.
- Immigrants can only apply for reinstatement after Form 1-130 has been duly approved.
- You will have to find a replacement of your original petitioner who will act as your financial sponsor.
Your petition is likely
to get revoked if your petitioner dies while you are in the US and this means
you will not be able to apply for a green card. Reinstatements under humanitarian grounds are not easy and the
authorities need proof of those grounds, which is why it is important to seek
advice from an immigration lawyer as soon as possible.
Press right here to
make that happen: Immigration.USAttorneys.
No comments:
Post a Comment