Losing a family sponsor can complicate the process of obtaining a family-sponsored visa. Immigration law does provide options for applicants in these situations, though navigating the process may require additional steps. Understanding the available pathways can help ensure that visa applications move forward even after a sponsor’s death.
Humanitarian reinstatement
In some cases, humanitarian reinstatement offers a solution. Humanitarian reinstatement allows a visa petition to continue after the sponsor’s death. To request this option, the applicant must submit a formal request to U.S. Citizenship and Immigration Services (USCIS). Applicants need to demonstrate that continuing the process aligns with humanitarian factors. Factors such as emotional hardship, community ties, and financial dependence may help support the request.
Substitute sponsor
Another option is to find a substitute sponsor. A substitute sponsor steps in to replace the deceased family member as the financial sponsor. To qualify, the substitute must be a close relative of the applicant, such as a spouse, sibling, or grandparent. The substitute sponsor must also meet all financial requirements. This option helps ensure that the applicant will not become a public charge, which is a key concern in family-sponsored visas.
Challenges to consider
Applicants face unique challenges when a sponsor passes away. Processing times may extend, and approval is not guaranteed. Humanitarian reinstatement requires a compelling argument, and finding a suitable substitute sponsor may prove difficult. Working with an experienced immigration attorney can help applicants navigate these hurdles. Legal guidance ensures that all paperwork is complete and that the applicant understands the requirements involved.
Losing a family sponsor complicates an already challenging process. However, humanitarian reinstatement and substitute sponsors provide hope. Knowing these options can make a difference in moving forward. Understanding the requirements and seeking legal assistance can help applicants achieve their immigration goals despite the loss.