Sponsors of permanent residency petitions often pass away. For those who are waiting for permanent residency, it is a disappointment. This is because there is a principle that the permanent residence petition itself disappears when the permanent residence sponsor dies. Even in this case, there is a way.<\/p>\n
– Married to a citizen One month after marriage, the spouse of a citizen suddenly died. The petition for permanent residency has not yet been filed. how about that<\/p>\n
If the marriage with a citizen is true, even if the citizen’s spouse dies, you can apply for permanent residence. Unlike the common citizen spouse green card case, unmarried children under the age of 21 can also receive permanent residency. Also, no financial guarantor is required. The I-360 must be filed within two years of the citizen’s death. But you must not remarry. There are exceptions here too. If the permanent resident applicant who remarried later was living in the United States at the time of the death of the citizen’s spouse and intends to continue living in the United States, then they can apply for permanent residence.<\/p>\n
– I am a married child of a citizen, but my father, the petitioner for permanent residency, has passed away. What happens to the permanent residency of this citizen’s married child?<\/p>\n
Married children of such citizens can also receive permanent residency if the following conditions are met: Per INA 204(l), if a petition for permanent residence (I-130) has been approved or pending, and the person applying for permanent residence is currently living in the United States at the time of the petitioner’s death and intends to continue living in the United States Even if the sponsor dies, you can still apply for permanent residency. Of course, there must be no other disqualification for immigration procedures.<\/p>\n
– In what cases does the principle that permanent residency procedures can continue even if the petitioner for permanent residency dies?<\/p>\n
The provisions of INA 204(l) apply very broadly. First, the beneficiary of an approved or pending Family Petition (I-130) case and his\/her accompanying family members. Second, the beneficiary of a pending, or approved Family Invitation (I-130) case is the deceased and only an accompanying family member. Third, in the case of pending or approved employment immigration (I-140) cases where the beneficiary dies and only the accompanying family remains. Fourth, if the asylum or refugee case (I-760) beneficiary herself dies after filing an immigration petition for her accompanying family. Fifth, accompanying family members left behind after the death of the petitioner of the Domestic Violence Victim (VAWA) case.<\/p>\n
-What steps must be taken to qualify for INA 204(l) benefits<\/p>\n
There is no special form required for the INA 204(l) application. Send a letter requesting application of INA 204(l) and supporting materials to USCIS. The USCIS office that processes the INA 204(l) request will vary depending on how far the petition has progressed.<\/p>\n
-What is the humanitarian reinstatement of the petition for permanent residency at the humanitarian level?<\/p>\n
This is a system that existed before the introduction of INA 204(1), which provides extensive relief to immigrant beneficiaries. This is a system that allows for permanent residency procedures even if the sponsor dies from a humanitarian point of view.<\/p>\n
– Which approach is most likely to be successful<\/p>\n
It is most effective to use the case of the deceased citizen’s spouse. The INA 204(l) request is also likely to be granted. USCIS may deny an INA 204(l) request if it is not in the public interest. However, there is an internal USCIS guideline not to veto whenever possible. On the other hand, it is true that the reconfirmation system for the approval of permanent residency petitions for humanitarian purposes has no legal basis and that the decision is largely at the discretion of the USCIS.<\/p>\n","protected":false},"excerpt":{"rendered":"