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My brother filed my immigration in 1994, i'm his married sister(family of four), i have waited for 12 years for my immigration case to become current and unfortunately my brother expired, as seen from the answers on yahoo answers that there can be a reinstatement on humanitarian grounds, my brothers wife is a born US citizen and his children minors too are US citizens. can my brothers wife file the i-184 and sponsor me or else as you say on humanitarian grounds i may be considered, can you please guide me on this how do i proceed, as iam very keen to migrate and as i have waited my turn so patiently and now to loose it at this stage,its very disappointing. please help me with your best guidance.

2007-12-01 23:14:52 · 3 answers · asked by sos 1 in Politics & Government Immigration

3 answers

Come in illegally through Mexico. That seems to do the trick. If you do it the right way, it will cost you thousands and forever to get here.

2007-12-01 23:22:33 · answer #1 · answered by The Hell With This Constitution 7 · 0 3

As you know, when the visa petitioner dies, the approved I-130 petition is automatically revoked. However, following the passage of the Family Sponsor Immigration Act, P.L. 107-150, beneficiaries of these petitions may file for reinstatement so long as they can provide an I-864 Affidavit of Support filed by a “substitute sponsor”. (Not a "substitute petitioner.")

In order to request reinstatement, you must submit a statement to the United States Citizenship and Immigration Services (USCIS) office in the U.S. where the original visa petition was filed requesting reinstatement of the petition. Your statement should detail reasons why your case warrants reinstatement, such as your ties to the United States, or serious hardship that would occur to you if the request for reinstatement were not granted.

You must include with your request a Form I-864 (Affidavit of Support) completed by the “substitute sponsor”. This substitute sponsor is filing the I-864 in place of the deceased petitioner, and must meet all of the financial requirements of a sponsor pursuant to the Immigration and Nationality Act 213A.

With your reinstatement request you must provide documentary evidence of the death of the original petitioner, plus documentation of the relationship between you and the substitute sponsor. Finally, include a copy of your approved I-130, if available.

Good luck!!

2007-12-02 08:44:39 · answer #2 · answered by dognhorsemom 7 · 3 0

Sponsorship involves direct relatives. Thus, the relationship of a wife and sister-in-law is not qualified because the two are just relative by affinity.

2007-12-01 23:22:29 · answer #3 · answered by FRAGINAL, JTM 7 · 0 3

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