New York Daily News

What you can do if your immig visa sponsor dies

- ALLAN WERNICK

QMy father, a naturalize­d American citizen, petitioned for my sister. He passed away before she could get her immigrant visa. Can I substitute myself as her sponsor in the case or must I start the process again by petitionin­g for her?

Janio Perez, New York Your sister may qualify for permanent residence through her father despite his death. She will get her green card much faster that way than if you petition for her. You can help by being her financial sponsor. How she asserts her rights depends are whether she is abroad, or already in the United States.

If the beneficiar­y — your sister — is abroad and U.S. Citizenshi­p and Immigratio­n Service has approved a petition, but the petitioner — your father — dies before the beneficiar­y gets immigrant status, the approved petition becomes invalid.

USCIS can reinstate the petition if the beneficiar­y can prove that they deserve permanent residence for humanitari­an reasons. USCIS will consider whether denying the visa will disrupt an establishe­d family unit; lead to hardship to U.S. citizens or lawful permanent residents; whether the beneficiar­y is elderly or in poor health; whether the beneficiar­y has spent a lengthy period in the United States; the conditions under which the beneficiar­y is living in his or her home country; whether undue government delay occurred in adjudicati­ng the petition and, the beneficiar­y’s family ties in the United States.

AWhere a family beneficiar­y is already in the United States, the surviving relative may qualify for an immigrant visa even if USCIS did not approve the petition before the petitioner's death. A beneficiar­y in the United States need not show a humanitari­an need to get a green card.

Readers should note that the rules are different, and more generous, for the widow or widower of a U.S. citizen.

In most family immigratio­n cases, the green card applicants must submit an affidavit of support from the petitionin­g relative. With the petitioner deceased, the beneficiar­y needs that affidavit from another relative. Qualifying relatives are the beneficiar­y’s spouse, parent, mother-in-law, father-in-law, sibling, child (if at least 18 years of age), son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparen­t, grandchild or legal guardian.

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