Will I lose my residence if my petitioner dies?

Luckily the Congress of the United States has anticipated this problem and has including in the Immigration Act a clause to protect “certain” immigrants, permanent relatives of citizens or permanent residents.

The Family Sponsor Immigration Act of March 13, 2002 allows to self-petition to all the immigrants whose petitioners have died after the approval of the original request. With the exception of the widows of citizens; the immigration agent, has the discretion power to approve or to deny a case, after considering the bases presented to justify a “humanitarian reason”. In addition, the request must be presented before turning two years of the death of the petitioner, and it will require itself that a near relative (resident or citizen), replaces the petitioner; becomes your guarantor before the American government to justify that you will not become public charge.
This clause loses validity if the beneficiary is spouse of a citizen or resident and marries again before presenting the self-petition and obtaining the residence, since the state of widowhood finishes.
The relatives who can continue the request are: spouse, parents, parents-in-law, brothers, children of 18 years or older, brothers-in-law, even grandparents, grandsons, and also the legal guardian of the immigrant beneficiary.

In order to obtain the residence with a self-petition, you must consider my 5 fundamental points that they will determine the final result. Consider your intention, demonstrate good faith and admissibility; prepare you case with much care remembering the discretion power that the immigration official has when considering your case.

Remember that there’s always much more to analyze before formulating a legal strategy.

 

INTERNATIONAL IMMIGRANTS FOUNDATION
33 years, Guiding, Legalizing, and Educating Immigrants since 1973
O.N.G. UNITED NATIONS E.C.O.S.O.C.
IMMIGRANTS BUILDING: 7 W. 44th St., New York, N.Y. 10036

(212) 302-2222 – email: www.InmigrantsFoundacion.com

*Edward Juarez Studied sociology, International laws, and specialized in immigration.  In 1973, established the International Immigrants Foundation, a non-profit institution created to educate, help, and defend immigrants. In 1984, he established the American Multicultural Coalition and the International Cultures Celebration, conferences in the United Nations, and the Parade and Festival to promote intercultural relations.  With the goal of emphasizing the contributions of immigrants, Juarez established the “Immigrants Building” in 2003, located at 7 West 44^th Street in Manhattan, NYC, where the Foundation continues developing programs that improve the quality of life for immigrants. Currently, he is am active writer, speaker, immigration columnist in El Diario la Prensa, and host of The Immigrants Voice radio and television programs.