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Thread: H.R. 1892 father died

  1. #1
    Guest
    Can someone please help me out. My boyfriend was petitioned by his father who was a LPR but died after the approval of the I-130. If I marry him I am a Citizen will H.R.1892 apply to him since LPR are only allowed to petition Unmarried children and spouses? Will we be able to reinstate the petition so that he qualifies under 245i which was effective when the father petitioned him? Somone please help!!

  2. #2
    Guest
    Can someone please help me out. My boyfriend was petitioned by his father who was a LPR but died after the approval of the I-130. If I marry him I am a Citizen will H.R.1892 apply to him since LPR are only allowed to petition Unmarried children and spouses? Will we be able to reinstate the petition so that he qualifies under 245i which was effective when the father petitioned him? Somone please help!!

  3. #3
    Guest
    You can marry him and sponsor him by filing I-130 and he will have to file I-485 for his AOS, I-765 for EAD etc. A person can be sponsored by different people and can have several AOS applications pending. When he will get AOS on your sponsorship then he can abandon that petition which was filed by his father.
    Good luck.

  4. #4
    Guest
    Thank you for responding to my question. Can you please tell me if he will be protected under the 245I if I marry him now and 245I is not in effect or will that be retroactive to his father's petition? I am lost. Do not want him to leave if I will marry him for 10 years.

  5. #5
    Guest
    Maybe I was misunderstood. His Father petitioned him in 1991 when 245I was in effect. If I marry him now and petition for him he will be banned from 245I because it is not in effect. He entered the country without inspection. What I am hoping is that there is some law that will allow for me to become the alternate sponsor H.R. 1892 and he would be able to continue with his father's petition based on the fact that I am USC. However, since LPR are only allowed to petition spouses and unmarried children under or over the age of 21 will that hurt his father's petition when I marry him? Or can we apply based on H.R. 1892 and continue so that he can be protected by 245I an apply for AOS here in the US?

  6. #6
    Guest
    someone, anyone please help me!

  7. #7
    Guest
    IF the sponsor dies , petition dies with him.
    There are no exceptions.
    IF you marry him now it will not cure the illigal presence because he was entered without inspection.
    245i is history, he will nor be allow to adjust under previous 245i because he was sponsored under spouse and childern catagory for LPR. it was only possible if you would have married when his one application was in process under 245i and hen files another " change in status" based on marriage coupled with the previously filed.
    ONce the Petitioner dies , pettition dies, and if you marry now all the process will be all over again.

  8. #8
    Guest
    Are you sure? So what is H.R. 1892 for? It is to my understanding that this law allows for the alternate sponsor to proceed in case original petitioner has deceased? Am I wrong or can you clarify it for me.

    Thanks

  9. #9
    Guest
    Read H.R 1892 carefully

  10. #10
    Guest
    HR 1892 RS


    Calendar No. 289

    107th CONGRESS

    1st Session

    H. R. 1892

    IN THE SENATE OF THE UNITED STATES

    July 24, 2001
    Received; read twice and referred to the Committee on the Judiciary


    December 13, 2001
    Reported by Mr. LEAHY, with an amendment


    [Insert the part printed in italic]


    --------------------------------------------------------------------------------


    AN ACT
    To amend the Immigration and Nationality Act to provide for the acceptance of an affidavit of support from another eligible sponsor if the original sponsor has died and the Attorney General has determined for humanitarian reasons that the original sponsor's classification petition should not be revoked.


    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

    SECTION 1. SHORT TITLE.

    This Act may be cited as the `Family Sponsor Immigration Act of 2001'.

    SEC. 2. SUBSTITUTION OF ALTERNATIVE SPONSOR IF ORIGINAL SPONSOR HAS DIED.

    (a) PERMITTING SUBSTITUTION OF ALTERNATIVE CLOSE FAMILY SPONSOR IN CASE OF DEATH OF PETITIONER-

    (1) RECOGNITION OF ALTERNATIVE SPONSOR- Section 213A(f)(5) of the Immigration and Nationality Act (8 U.S.C. 1183a(f)(5)) is amended to read as follows:

    `(5) NON-PETITIONING CASES- Such term also includes an individual who does not meet the requirement of paragraph (1)(D) but who--

    `(A) accepts joint and several liability with a petitioning sponsor under paragraph (2) or relative of an employment-based immigrant under paragraph (4) and who demonstrates (as provided under paragraph (6)) the means to maintain an annual income equal to at least 125 percent of the Federal poverty line; or

    `(B) is a 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, or grandchild of a sponsored alien or a legal guardian of a sponsored alien, meets the requirements of paragraph (1) (other than subparagraph (D)), and executes an affidavit of support with respect to such alien in a case in which--

    `(i) the individual petitioning under section 204 for the classification of such alien died after the approval of such petition; and

    `(ii) the Attorney General has determined for humanitarian reasons that revocation of such petition under section 205 would be inappropriate.'.

    (2) CONFORMING AMENDMENT PERMITTING SUBSTITUTION- Section 212(a)(4)(C)(ii) of such Act (8 U.S.C. 1182(a)(4)(C)(ii)) is amended by striking `(including any additional sponsor required under section 213A(f))' and inserting `(and any additional sponsor required under section 213A(f) or any alternative sponsor permitted under paragraph (5)(B) of such section)'.

    (3) ADDITIONAL CONFORMING AMENDMENTS- Section 213A(f) of such Act (8 U.S.C. 1183a(f)) is amended, in each of paragraphs (2) and (4)(B)(ii), by striking `(5).' and inserting `(5)(A).'.

    (b) EFFECTIVE DATE- The amendments made by subsection (a) shall apply with respect to deaths occurring before, on, or after the date of the enactment of this Act, except that, in the case of a death occurring before such date, such amendments shall apply only if--

    (1) the sponsored alien--

    (A) requests the Attorney General to reinstate the classification petition that was filed with respect to the alien by the deceased and approved under section 204 of the Immigration and Nationality Act (8 U.S.C. 1154) before such death; and

    (B) demonstrates that he or she is able to satisfy the requirement of section 212(a)(4)(C)(ii) of such Act (8 U.S.C. 1182(a)(4)(C)(ii)) by reason of such amendments; and

    (2) the Attorney General reinstates such petition after making the determination described in section 213A(f)(5)(B)(ii) of such Act (as amended by subsection (a)(1) of this Act).
    Calendar No. 289


    107th CONGRESS

    1st Session

    H. R. 1892

    AN ACT
    To amend the Immigration and Nationality Act to provide for the acceptance of an affidavit of support from another eligible sponsor if the original sponsor has died and the Attorney General has determined for humanitarian reasons that the original sponsor's classification petition should not be revoked.



    --------------------------------------------------------------------------------


    December 13, 2001

    Reported with an amendment
    END


    Copyright 2001 American Immigration LLC, ILW.COM

    --------------------------------------------------------------------------------

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