QUESTION
Can I have another family member sponsor my family member for immigration?
Asked on Jul 27th, 2011 on Immigration - California
More details to this question:
My question is: If the sponsor (elder sister is the sponsor of her younger brother) passed away, her another sister( who is an American citizen) can be the co-sponsor?
4 ANSWERS
Criminal Law Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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If the beneficiary was in the US at the time of death of petitioner, yes that is possible. If not present in the US, you will need to apply for humanitarian reinstatement which is hard to get.
Answered on Aug 10th, 2011 at 10:05 AM
Immigration & Naturalization Attorney serving Seattle, WA
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Orbit Law, PLLC
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In short, Yes, the U.S Citizen sister can sponsor your family member IF the I-130 that the deceased sister applied for has already been approved. The _FAMILY SPONSOR IMMIGRATION ACT OF 2002_ that was signed into law on March 13, 2002, allows you parent, sibling or child who is at least 18 years of age to become a substitute sponsor if a family-based visa petitioner dies following the approval of the I-130 petition but before you obtains Lawful Permanent Residence ("Green Card"). Unfortunately, there is no provision for a substitute sponsor if the I-130 is not approved prior to the original sponsoring relative's death.
Answered on Aug 08th, 2011 at 2:18 PM
U.S. Immigration and Nationality Law Attorney serving San Diego, CA
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Kazmi & Sakata
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Yes, this can be done as a substitute sponsor based on extreme hardship to the alien beneficiary sibling.
Answered on Aug 08th, 2011 at 2:05 PM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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That will be no problem. However, if the older sister was also the petitioner, then the case will be more complicated as you will need to contact the USCIS to reinstate the approved I-130 petition first.
Answered on Aug 08th, 2011 at 1:44 PM