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Thread: Substitution of alternative family sponsor in case of death of a petitioning relative

  1. #1
    I have done my research on this topic, please see below. Just need to have some feedbacks on the success rate or denials on these cases. Our priority date is around the corner and all of us are hoping that these laws/bills could help us. Any comments are greatly appreciated. Thanks.

    Family Sponsor Immigration Act of 2002
    (Public Law 107-150, March 13, 2002)
    by Pravinchandra J. Patel, Esq.
    Introduction

    On March 13, 2002, the Family Sponsor Immigration Act of 2002, was signed into law, effective immediately. This article provides an analytical overview of this statute with some practical procedural guidance.

    Initially it will be helpful to understand the background that prompted the passage of this law. Prior to March 13, 2002, in all family-based immigrant visa petitions, the relative petitioner must continue to survive up to the end of the process, and submit all necessary sponsorship papers to enable the sponsored relative(s) to immigrate to the United States. For, if the petitioner died at any time while the process remained incomplete, the law declared that the immigrant visa petition then stood cancelled or revoked as of the time of petitioner's death. Prior to March 13, 2002, there was no way for the sponsored relative to immigrate to the United States through such a cancelled or revoked petition.

    http://www.callyourlawyers.com...624572858/index.html



    Reeves: New law ends automatic revocation of petitions
    By Robert L. Reeves

    ON Oct. 29, President Obama passed into law congress’s landmark immigration bill that ends the automatic revocation of a visa petition when the petitioner dies. This will provide significant relief to immigrants and their families who have waited for their priority dates to become current, only to have the petition revoked upon the death of the petitioner. The new law helps many surviving family members residing in the United States.

    The demand for immigrant visa numbers for family-based and employment- based sponsorship far exceeds the supply. This has resulted in massive backlogs with immigrants waiting years and even decades for their priority date (their place in line) to become available. Many petitions simply do not survive the protracted waiting period. The death of a petitioner or principal beneficiary results in an automatic revocation of the immigrant visa petition.

    http://www3.sunstar.com.ph/ceb...revocation-petitions
    Vim2007

  2. #2
    I have done my research on this topic, please see below. Just need to have some feedbacks on the success rate or denials on these cases. Our priority date is around the corner and all of us are hoping that these laws/bills could help us. Any comments are greatly appreciated. Thanks.

    Family Sponsor Immigration Act of 2002
    (Public Law 107-150, March 13, 2002)
    by Pravinchandra J. Patel, Esq.
    Introduction

    On March 13, 2002, the Family Sponsor Immigration Act of 2002, was signed into law, effective immediately. This article provides an analytical overview of this statute with some practical procedural guidance.

    Initially it will be helpful to understand the background that prompted the passage of this law. Prior to March 13, 2002, in all family-based immigrant visa petitions, the relative petitioner must continue to survive up to the end of the process, and submit all necessary sponsorship papers to enable the sponsored relative(s) to immigrate to the United States. For, if the petitioner died at any time while the process remained incomplete, the law declared that the immigrant visa petition then stood cancelled or revoked as of the time of petitioner's death. Prior to March 13, 2002, there was no way for the sponsored relative to immigrate to the United States through such a cancelled or revoked petition.

    http://www.callyourlawyers.com...624572858/index.html



    Reeves: New law ends automatic revocation of petitions
    By Robert L. Reeves

    ON Oct. 29, President Obama passed into law congress’s landmark immigration bill that ends the automatic revocation of a visa petition when the petitioner dies. This will provide significant relief to immigrants and their families who have waited for their priority dates to become current, only to have the petition revoked upon the death of the petitioner. The new law helps many surviving family members residing in the United States.

    The demand for immigrant visa numbers for family-based and employment- based sponsorship far exceeds the supply. This has resulted in massive backlogs with immigrants waiting years and even decades for their priority date (their place in line) to become available. Many petitions simply do not survive the protracted waiting period. The death of a petitioner or principal beneficiary results in an automatic revocation of the immigrant visa petition.

    http://www3.sunstar.com.ph/ceb...revocation-petitions
    Vim2007

  3. #3
    Should we initiate processing of AOS once the priority date gets current (hopefully within this year)? I have a qulified substitute sponsor (sister-in-law) willing to support us. What are the risks? hope to hear from anybody who are familiar with this situation. Thansks.
    Vim2007

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