What Happens to Family Visa Applications When a Sponsor Passes Away?

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Key Takeaways

INA 204(l) allows applicants to continue visa processes despite a sponsor’s death, requiring U.S. residence during and after the death.
Humanitarian reinstatement permits continuing Form I-130 if severe hardship exists and a substitute sponsor meets USCIS financial qualifications.
Widows of U.S. citizens can file a self-petition under INA § 201(b)(2)(A)(i) within two years of the sponsor’s death.

The death of a sponsor during the family visa application process can create significant challenges, but it does not always mean the application is over. Depending on the circumstances, there may still be ways to move forward with the process. Laws like INA 204(l), options such as humanitarian reinstatement, and the possibility of substitute sponsorship offer potential solutions for applicants facing this situation. Let’s examine each aspect in detail.

The Immediate Effects of a Sponsor’s Death

What Happens to Family Visa Applications When a Sponsor Passes Away?

When a sponsor passes away, the effect on the visa application depends on the visa type and the stage of the application.

Immediate Relative Visas

For immediate relatives (spouses, unmarried children under 21 years old, or parents of U.S. citizens), the death of the sponsor often leads to automatic termination of the application. However, exceptions exist. Certain provisions, such as INA 204(l), allow for the continuation of the visa process under specific conditions.

Family Preference Visas

Family preference visas (F1, F2, F3, and F4 categories) also face challenges when the sponsor dies. These applications typically rely on the sponsor’s continued support. If the sponsor passes away, the approved petition can be revoked. However, applicants may request that U.S. Citizenship and Immigration Services (USCIS) reinstate the petition if they meet certain requirements.

Legal Provisions That May Help

INA 204(l)

Since 2009, INA 204(l) provides some relief for applicants who lose their sponsor during the immigration process. This law allows specific individuals to continue to seek immigration benefits despite the sponsor’s death, provided they meet these criteria:

Residence in the U.S.: The applicant must have been living in the U.S. at the time of the sponsor’s death.
Continued Residence: The applicant must still reside in the U.S. at the time USCIS makes a decision on their case.
Qualifying Relationship: The applicant must already be the beneficiary of an active immigrant petition, such as an immediate-relative or family-preference petition, an employment-based petition, or a refugee/asylee petition. Alternatively, they may hold status as a derivative asylee or T/U nonimmigrant.

For those who meet these conditions, INA 204(l) serves as a way to keep the visa process moving forward.

Humanitarian Reinstatement

In cases where Form I-130 (Petition for Alien Relative) was approved before the sponsor’s death, the applicant may request humanitarian reinstatement of the petition. To succeed with this request, the applicant must demonstrate a strong humanitarian reason to continue processing the petition. Common examples include showing that family separation could cause severe emotional or financial hardship.

Additionally, USCIS requires the applicant to secure a substitute sponsor who meets the same qualifications as the original sponsor. This individual must submit Form I-864, the Affidavit of Support, proving they have the financial ability to sponsor the applicant. These substitute sponsors can include close relatives like parents, adult children, siblings, grandparents, or in-laws who are U.S. citizens or permanent residents.

Special Provisions for Spouses of U.S. Citizens

Widows and widowers of U.S. citizens have additional options, even if the spouse dies before filing the immigrant petition. Under INA § 201(b)(2)(A)(i), surviving spouses can self-petition for a visa, but only if they file the request within two years of the spouse’s death.

If an I-130 petition was already filed by the U.S. spouse before their passing, USCIS allows the automatic conversion of the petition to an I-360 self-petition for surviving spouses. This flexibility ensures that surviving spouses are not left without a path forward due to the loss of their qualifying relative.

Substitute Sponsorship and Form I-864 Updates

As of 2024, new policies clarify the use of substitute sponsorship when a petitioner dies after the principal applicant has immigrated but other family members, such as dependents, have not yet arrived. In such cases, another eligible person may act as the substitute sponsor by filing a new Form I-864. Eligible sponsors must meet the financial requirements to support the applicant adequately.

Additionally, USCIS has reaffirmed that Form I-864, Form I-864A, and Form I-864EZ do not expire as long as the sponsor signed them in connection with the appropriate petition. This ensures that a petition can move forward even if delays occur in the visa interview process.

Practical Steps for Applicants

If you are in the unfortunate situation of losing your sponsor, several actions can help keep your immigration process viable:

Notify USCIS: Inform USCIS about the sponsor’s death as soon as possible. This step ensures USCIS can guide the next steps and determine if your petition qualifies for INA 204(l) protection or needs humanitarian reinstatement.
Request Petition Reinstatement: If applicable, write to USCIS to ask that your petition be reinstated for humanitarian reasons. Be sure to include all necessary documentation, like medical records proving hardship or letters demonstrating family ties to the U.S.
Identify a Substitute Sponsor: Seek a substitute sponsor who meets USCIS requirements. This person must be a close family member, a U.S. citizen or lawful permanent resident, and able to prove financial stability.
Consult an Immigration Attorney: The intersection of visa law, financial requirements, and humanitarian considerations can be difficult to navigate. Working with an experienced immigration attorney can increase your chances of success.
Track Policy Changes: Immigration policies evolve regularly, and it’s crucial to stay informed about new updates that may impact your case. Platforms like VisaVerge.com offer analysis of these changes and their potential effects on applicants.

Limits of USCIS Discretion

Even when rules like INA 204(l) apply, USCIS assesses each case on its facts. Decisions regarding humanitarian reinstatement or green card eligibility are discretionary, not guaranteed. USCIS may deny applications if it determines granting an immigration benefit does not align with the public interest.

Stories of Real-Life Applicants

Many immigrants have successfully continued their applications under INA 204(l). For example, immigrants whose parents filed family-preference petitions for them have been able to reunite with siblings and other family members after securing substitute sponsorship. These cases highlight the importance of providing clear evidence and meeting all USCIS criteria.

Conclusion

Losing a sponsor during the immigration process is a devastating event, but important legal options can keep the application alive. From INA 204(l) protections to humanitarian reinstatement requests, applicants have avenues to explore, provided they act quickly and follow USCIS procedures carefully.

Applicants should ensure compliance with all requirements, including securing substitute sponsorship when needed and preparing thorough documentation to support their case. Because of the complexities involved, many applicants benefit greatly from working with legal professionals who can guide them through the process.

Finally, as immigration rules continue to shift, staying current on policy updates is crucial. Knowing your rights and options can make all the difference in reaching your goal of family reunification, even in the face of unforeseen challenges. For authoritative information on related immigration forms and policies, consider visiting the USCIS official site.

Learn Today

INA 204(l) → A U.S. immigration law allowing certain applicants to continue their process despite the death of their sponsor.
Humanitarian Reinstatement → A request to USCIS to revive a visa petition after a sponsor’s death based on compassionate considerations.
Substitute Sponsor → A qualified family member who replaces a deceased sponsor to fulfill financial support requirements for an immigration petition.
Form I-864 → Affidavit of Support document proving a sponsor’s financial ability to support an immigrant to prevent dependence on public funds.
Immediate Relative Visas → Visa category for close family members (spouses, children, parents) of U.S. citizens that typically terminates upon sponsor’s death.

This Article in a Nutshell

Losing a sponsor during a family visa application is challenging but not always the end. Options like INA 204(l), humanitarian reinstatement, and substitute sponsorship can provide pathways forward. Acting quickly, securing a qualified substitute sponsor, and consulting an immigration attorney are critical steps. Knowledge and preparation keep your immigration journey alive.
— By VisaVerge.com