A Friend Needs Help!

[gcusa99]

A friend of mine, has a unique immigration issue. Here is the summary.
She came to USA on F1 visa in early 90s, she was a student for the entire course duration and graduated. She overstayed her visa and continued to living until now. In early 90s her father (in the process of naturalization) sponsered her green card application and she got her I-130 approved. Her father could not file I-485 at that time due to non-current of priority date. Unfortunately, her father died after submitting I-485. Her I-485 application was denied because her sponspor was not alive. Can she appeal on humanitarian grounds or under special circumstances for illeagal immigrants. I greatly appreciate your input or suggestions.

 

[Jane Green]

Under special circumstances, like these you describing, the INS lets people use a substitute sponsor. Can your friend’s mom or any other close relative sponsor her?
Also, humanitarian grounds work for people who have close family relatives, like parents, spouses and children, who are LPR or USC, who are their dependents and can’t or won’t relocate back to the home country with the denied applicant.

Denied I-485 is a complicated issue. It follows by deportation.
Your friend should talk to the immigration attorney if she wants to stay here.

 

[gcusa99]

Under special circumstances, like these you describing, the INS lets people use a substitute sponsor. Can your friend’s mom or any other close relative sponsor her?
Also, humanitarian grounds work for people who have close family relatives, like parents, spouses and children, who are LPR or USC, who are their dependents and can’t or won’t relocate back to the home country with the denied applicant.

Denied I-485 is a complicated issue. It follows by deportation.
Your friend should talk to the immigration attorney if she wants to stay here.

Hi Jane,

Thanks for the suggestions. Unfortunately, her father was in process of naturalization when he died. Her mother is not a US citizen or a green cardholder. Her brother was US Citizen, but he passed away, now her sister-in law is US citizen, can she be a substitute sponsor. I appreciate any input.