Before I begin, I would like to apologize, the reason being I am not sure I am writing about the correct terms and titles.
The Situation:
My mom applied for Visas for her brother in India, his wife, and their 2 kids. Unfortunately, her brother, who was the primary beneficiary, died last month. I was just wondering if there was something that can be done to bring his wife and 2 kids over.
I found an article (see below) detailing a similar situation. I do not know if i understood the article correctly, but from what i understood it suggests that perhaps her brother (who lives in the US) could become a substitute sponsor, thus enabling her to continue through the process.
Thank you for your time, hopefully someone can help me.
“Example. In the case above where John filed a petition for Mario and Mario died before the visa became available, assume that Mario’s spouse and children will need to consular process. Assuming the USCIS agrees that the I-601 is a “related application,” it will adjudicate it even though the qualifying relative has died.
The affidavit of support requirements are not waived for family-based cases involving a deceased petitioner, though the beneficiary may submit one from a substitute sponsor. Substitute sponsors may include a close relative of the beneficiary (spouse, parent, mother-in-law, father-in-law, sibling, child at least 18 years of age, son, daughter, daughter-in-law, son-in-law, sister-in-law, brother-in-law, grandparent, or grandchild) or a legal guardian. They must be either a U.S. citizen or LPR and be domiciled in the United States. If they have insufficient income to satisfy the 125 percent of poverty requirement for their household size, they may obtain a joint sponsor who does meet it. Beneficiaries residing in the United States whose petitioning family member has died will need to file a substitute affidavit of support as part of the adjustment of status or consular processing procedure. Those who are residing abroad and will be moving to reinstate the petition will need to include a substitute affidavit of support with the motion. Beneficiaries residing inside the United States who cannot secure a substitute sponsor will be unable to proceed with their application for adjustment of status or an immigrant visa; those residing outside the country will be unable to proceed with their motion to reinstate”
cliniclegal.org/resources/analysis-new-law-eliminates-widow-penalty-and-reduces-need-humanitarian-reinstatement
The Situation:
My mom applied for Visas for her brother in India, his wife, and their 2 kids. Unfortunately, her brother, who was the primary beneficiary, died last month. I was just wondering if there was something that can be done to bring his wife and 2 kids over.
I found an article (see below) detailing a similar situation. I do not know if i understood the article correctly, but from what i understood it suggests that perhaps her brother (who lives in the US) could become a substitute sponsor, thus enabling her to continue through the process.
Thank you for your time, hopefully someone can help me.
“Example. In the case above where John filed a petition for Mario and Mario died before the visa became available, assume that Mario’s spouse and children will need to consular process. Assuming the USCIS agrees that the I-601 is a “related application,” it will adjudicate it even though the qualifying relative has died.
The affidavit of support requirements are not waived for family-based cases involving a deceased petitioner, though the beneficiary may submit one from a substitute sponsor. Substitute sponsors may include a close relative of the beneficiary (spouse, parent, mother-in-law, father-in-law, sibling, child at least 18 years of age, son, daughter, daughter-in-law, son-in-law, sister-in-law, brother-in-law, grandparent, or grandchild) or a legal guardian. They must be either a U.S. citizen or LPR and be domiciled in the United States. If they have insufficient income to satisfy the 125 percent of poverty requirement for their household size, they may obtain a joint sponsor who does meet it. Beneficiaries residing in the United States whose petitioning family member has died will need to file a substitute affidavit of support as part of the adjustment of status or consular processing procedure. Those who are residing abroad and will be moving to reinstate the petition will need to include a substitute affidavit of support with the motion. Beneficiaries residing inside the United States who cannot secure a substitute sponsor will be unable to proceed with their application for adjustment of status or an immigrant visa; those residing outside the country will be unable to proceed with their motion to reinstate”
cliniclegal.org/resources/analysis-new-law-eliminates-widow-penalty-and-reduces-need-humanitarian-reinstatement