deceased sponsor/petitioner
- Thread starter filipina
- Start date
This might help...
When you wrote "...before the children were issued visas", did you mean before the I-130 petition was approved, or after the I-130 was approved, but before issuance of immigrant visa stamps as a result of consular processing (assuming the children in question are not currently in the U.S.)?
If the I-130 was approved before the death of the children's father, then a new law offers hope: This law, called "Family Sponsor Immigration Act of 2002", a.k.a "Alternative Affidavit of Support Law", was signed into law by Pres. Bush on 03/13/2002, and allows an alternative family member to sign the necessary affidavit of support for an alien in the event of the death of the relative who initially filed a petition for permanent resident status for the alien.
This law will allow certain relatives, instead of the deceased petitioner, to write such affidavit of support on two conditions that the petitioner died after the I-130 petition is approved and the Attorney General is satisfied that there are certain humanitarian reasons to justify either not to revoke the approved immigrant petition or if aleady revoked by the force of the law, to reinstate the revoked immigrant petition.
These relatives of the alien beneficiary are called "alternative sponsor" of the affidavit of support and include the following:
- Spouse
- Parent
- Mother-in-law, father-in-law
- sibling
- child (if at least 18 years of age)
- son, daughter
- son-in-law, daughter-in-law
- sister-in-law, brother-in-law
- grandparent
- grandchild
- legal guardian
These relatives must also prove that he/she:
(1) is a citizen or national of the United States or an alien who is lawfully admitted to the United States for permanent residence;
(2) is at least 18 years of age;
(3) is domiciled in any of the several States of the United States, the District of Columbia, or any territory or possession of the United States;
(4) demonstrates the means to maintain an annual income equal to at least 125 percent of the Federal poverty line.
IMPORTANT:
Please consult a lawyer for details, advice and help!! I am not a lawyer or legal expert. I simply posted this to provide you with some information that you might find useful in pursuing this further with a lawyer.
ACKNOWLEDGEMENT:
I got most of what i posted here from the archives of Matthew Oh's excellent site, www.immigration-law.com
He mentions on his website that it is meant to help and benefit the immigrant community, and it is in that spirit that i am taking the liberty of reproducing material from his site.
When you wrote "...before the children were issued visas", did you mean before the I-130 petition was approved, or after the I-130 was approved, but before issuance of immigrant visa stamps as a result of consular processing (assuming the children in question are not currently in the U.S.)?
If the I-130 was approved before the death of the children's father, then a new law offers hope: This law, called "Family Sponsor Immigration Act of 2002", a.k.a "Alternative Affidavit of Support Law", was signed into law by Pres. Bush on 03/13/2002, and allows an alternative family member to sign the necessary affidavit of support for an alien in the event of the death of the relative who initially filed a petition for permanent resident status for the alien.
This law will allow certain relatives, instead of the deceased petitioner, to write such affidavit of support on two conditions that the petitioner died after the I-130 petition is approved and the Attorney General is satisfied that there are certain humanitarian reasons to justify either not to revoke the approved immigrant petition or if aleady revoked by the force of the law, to reinstate the revoked immigrant petition.
These relatives of the alien beneficiary are called "alternative sponsor" of the affidavit of support and include the following:
- Spouse
- Parent
- Mother-in-law, father-in-law
- sibling
- child (if at least 18 years of age)
- son, daughter
- son-in-law, daughter-in-law
- sister-in-law, brother-in-law
- grandparent
- grandchild
- legal guardian
These relatives must also prove that he/she:
(1) is a citizen or national of the United States or an alien who is lawfully admitted to the United States for permanent residence;
(2) is at least 18 years of age;
(3) is domiciled in any of the several States of the United States, the District of Columbia, or any territory or possession of the United States;
(4) demonstrates the means to maintain an annual income equal to at least 125 percent of the Federal poverty line.
IMPORTANT:
Please consult a lawyer for details, advice and help!! I am not a lawyer or legal expert. I simply posted this to provide you with some information that you might find useful in pursuing this further with a lawyer.
ACKNOWLEDGEMENT:
I got most of what i posted here from the archives of Matthew Oh's excellent site, www.immigration-law.com
He mentions on his website that it is meant to help and benefit the immigrant community, and it is in that spirit that i am taking the liberty of reproducing material from his site.
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