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derivative/Family sponsor act

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  • derivative/Family sponsor act

    Can the derivatives such as minor children of unmarried adult sons of a lawful permanent resident parent(who died) benefit from the Family Sponsor Immigration Act? The petition was approved before the petitioner died. The father of the derivative kids(also unmarried son) was issued a visa and some of his children (derivative) accompany him to the US.
    Now the other children(minor derivatives) who were left, would like to join their father and siblings...but the petitioner/grandfather died already
    Can these derivatives benefit from the Family Sponsor Act?

  • #2
    Can the derivatives such as minor children of unmarried adult sons of a lawful permanent resident parent(who died) benefit from the Family Sponsor Immigration Act? The petition was approved before the petitioner died. The father of the derivative kids(also unmarried son) was issued a visa and some of his children (derivative) accompany him to the US.
    Now the other children(minor derivatives) who were left, would like to join their father and siblings...but the petitioner/grandfather died already
    Can these derivatives benefit from the Family Sponsor Act?

    Comment


    • #3
      If the sponsor dies after the principal applicant has immigrated to the United States but before all qualified family members who are traveling later (following to join) have immigrated, can they obtain another sponsor?

      Yes. A substitute sponsor may serve as the sponsor in such circumstances. The substitute sponsor must be an American citizen or lawful permanent resident, at least eighteen years of age, domiciled (living) in the United States and having sufficient income.

      The substitute sponsor must be related to the applicant in one of the following ways: spouse, parent, mother-in-law, father-in-law, sibling, child, son, daughter, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent or grandchild.

      The death of the sponsor ends any obligation to the sponsored immigrant(s), but the sponsor's estate remains liable for any requests for repayment of benefits that arose before the sponsor's death.

      http://travel.state.gov/i864gen.html#9

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