Q: My father, a naturalized American citizen, petitioned for my sister. He handed away earlier than she might get her immigrant visa. Can I substitute myself as her sponsor within the case or should I begin the method once more by petitioning for her?
Janio Perez, New York
A: Your sister might qualify for everlasting residence via her father regardless of his demise. She is going to get her inexperienced card a lot sooner that means than should you petition for her. You’ll be able to assist by being her monetary sponsor. How she asserts her rights relies on whether or not she is overseas, or already in america.
If the beneficiary — your sister — is overseas and U.S. Citizenship and Immigration Service has permitted a petition, however the petitioner — your father — dies earlier than the beneficiary will get immigrant standing, the permitted petition turns into invalid.
USCIS can reinstate the petition if the beneficiary can show that they deserve everlasting residence for humanitarian causes. USCIS will take into account whether or not denying the visa will disrupt a longtime household unit; result in hardship to U.S. residents or lawful everlasting residents; whether or not the beneficiary is aged or sick; whether or not the beneficiary has spent a prolonged interval in america; the circumstances beneath which the beneficiary resides in his or her residence nation; whether or not undue authorities delay occurred in adjudicating the petition and, the beneficiary’s household ties in america.
The place a household beneficiary is already in america, the surviving relative might qualify for an immigrant visa even when USCIS didn’t approve the petition earlier than the petitioner’s demise. A beneficiary in america needn’t present a humanitarian have to get a inexperienced card.
Readers ought to observe that the foundations are totally different, and extra beneficiant, for the widow or widower of a U.S. citizen.
In most household immigration instances, the inexperienced card candidates should submit an affidavit of help from the petitioning relative. With the petitioner deceased, the beneficiary wants that affidavit from one other relative. Qualifying kin are the beneficiary’s partner, dad or mum, mother-in-law, father-in-law, sibling, little one (if a minimum of 18 years of age), son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, grandchild or authorized guardian.
Allan Wernick is an legal professional and director of the Metropolis College of New York’s Citizenship Now! venture. Ship questions and feedback to Allan Wernick, New York Every day Information, four New York Plaza, New York, NY 10004 or e mail to [email protected] Comply with him on Twitter @awernick.