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Sponsorship by a deceased father who was a US Vet, is it still active?

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  • Sponsorship by a deceased father who was a US Vet, is it still active?

    My wife's and her siblings were sponsored in 1992 by their father before he died. They all received an approval while he was still living. Even now, they still recieve status information from INS. Is the petition still active? Also is it true that the petitioner can be substituted by a US citizen to continue the processing and the priority date? They are very hopeful on this. Can anyone please share something.

  • #2
    My wife's and her siblings were sponsored in 1992 by their father before he died. They all received an approval while he was still living. Even now, they still recieve status information from INS. Is the petition still active? Also is it true that the petitioner can be substituted by a US citizen to continue the processing and the priority date? They are very hopeful on this. Can anyone please share something.

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    • #3
      If the case is approved, then they're officially a permanent residence since the approval date. The status of the sponsor no longer matters at this time. What kind of status information are they receiving at this time?

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      • #4
        marmaduk,what exactly is meant by "case approved"?...at what stage does it happen?
        Does it happen when NVC completes processing the file and it is ready to be sent to the overseas embassy or what?

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        • #5
          Well that would depend on the application itself isn't it? I'm assuming the OP was saying that their PR (I-485 AOS) has been approved, hence the confusion with this status update which is irrelevant.

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          • #6
            I do not have much details but I think what was approved in 1992 was the 1st step when her family filed an application for them here in the US, then after receipt of the approval letter, they all submitted their applications back for the next step. That one is still pending I guess. Don't know about forms used. The updates that one of her siblings got was a response from INS when she inquired for the status. Each of them have separate case numbers. So you think these are still active and didn't die with the sponsor? Thanks.

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            • #7
              I should have said:
              "when her father filed an application for them here in the US..."
              And he died after all them submitted the requirements with certain form. Is there a way of following each case by using a case number?
              Thanks.

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              • #8
                You haven't mentioned the preference category and whether their priority dates are current or not.
                Anyway judging by what you have described about them,I am afraid there is not much good news for them.
                The INS simply says: a petition dies with the petitioner.We all know it takes years for a case to go through till the end but thats the way it is.There is not much we can do with INS laws.Only in some cases where the process has gone more than halfway through and is nearing completion and if this were to happen then INS can consider on 'humanitarian grounds' otherwise the petition dies with the petition.

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                • #9
                  now i have more information:
                  They were sponsored Feb. 1992.
                  All of them got approved on I-130.
                  They submitted the next form with their paperwork, then received a case number.
                  Their father was still alive when they got their case numbers. He died 1993.
                  According to someone we met who works with an immigration lawyer, it can still be revived and substituted by another relative who is a US citizen. If this is true, should they act now since the what is processed now is Nov 1990?
                  Or should they wait until it becomes current?
                  Is there a lawyer you can recommend who will accept this case and guarantee success ? Or not guarantee but confident of approval. Thanks.

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                  • #10
                    you know what we have the same case according to my lawyer once the I-130 is approved its a good thing. is there anyone who is US citizen in your family they will be the one to sponsor aside from your father. But mine is my I-130 has not been approved thats why im having problem.

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                    • #11
                      Well, I am a US citizen but still waiting for my wife to come in. For her siblings, if I substitute as sponsor, would can they still use the priority date, that is her question? also how do we go about changing sponsor? Thanks.

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                      • #12
                        Hi ImissGuadalupe,

                        http://travel.state.gov/visa/laws/te...rams_1396.html

                        It doesn't look like the petition just dies when the petitioner/sponsor dies. However, as a brother-in-law you do not qualify as alternative sponsor.

                        I don't know the procedure to change the sponsor. It is my understanding that the priority date stays the same. I think it is definetely worth learning more about the issue..

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                        • #13
                          oh boy! Then who can stand up for these guys?
                          They are family to me just as I am family to them.
                          Why wouldn't a brother in law be a substitute?
                          Should it be blood relative or something?
                          Hope to hear from you guys, I appreciate it.
                          Thanks.

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                          • #14
                            ". How is section 213A Amended?

                            If the Attorney General has determined that for humanitarian reasons a petition shall not be revoked upon the death of the petitioner, the amendment permits the substitution of a close family sponsor. The law specifies that the alternative sponsor must be the spouse, parent, mother-in-law, father-in-law, sibling, son, daughter, son-in-law or daughter-in-law of the beneficiary. As in the case of other sponsors, the sponsor must maintain an annual income equal to at least 125 percent of the Federal Poverty Guidelines. (See 40.41 Exhibit I.)"

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                            • #15
                              Thanks Aneri.
                              I went to the site and found this:
                              "If the Attorney General has determined that for humanitarian reasons a petition shall not be revoked upon the death of the petitioner, the amendment permits the substitution of a close family sponsor. The law specifies that the alternative sponsor must be the spouse, parent, mother-in-law, father-in-law, sibling, son, daughter, son-in-law or daughter-in-law of the beneficiary. As in the case of other sponsors, the sponsor must maintain an annual income equal to at least 125 percent of the Federal Poverty Guidelines. "

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