death of petitioner/ primary sponsor

[tahmid 0]

my aunt- the petitioner (mom's sister) applied for my mom (the principal applicant) back in 2004. she passed away in 2006 from cancer. we got the notice of immigrant visa case creation which included the nvc case number and invoice id number. my question is can the petitioner's husband act as a substitute sponsor for the principal applicant and her sons? 

[SalishSea 18,237]

2 minutes ago, tahmid said:

my aunt- the petitioner (mom's sister) applied for my mom (the principal applicant) back in 2004. she passed away in 2006 from cancer. we got the notice of immigrant visa case creation which included the nvc case number and invoice id number. my question is can the petitioner's husband act as a substitute sponsor for the principal applicant and her sons? 

No, sorry.

[SusieQQQ 11,587]

Generally, no. There is something called humanitarian reinstatement which is available under certain conditions and granted at the discretion of the reviewing officer. We have every so often seen people here enquiring about it, but I don’t recall anyone coming back to report they were successful at it. You’d probably want to get a lawyer involved if you go this route. https://www.uscis.gov/greencard/humanitarian-reinstatement

 

 

[Boiler 46,359]

I have seen it done, I think they were in the US on a Student Visa?

 

Evidence that a favorable exercise of discretion is warranted, which may include, but is not limited to:

• Impact on family living in the United States (especially U.S. citizens, lawful permanent residents, or others lawfully present);
• Advanced age or health concerns;
• Lawful residence in the United States for a lengthy period;
• Ties or lack thereof to your home country;
• Other factors, such as unusually lengthy government processing delays; and
• Any and all other factors you believe weigh in favor of reinstatement, with supporting documentation.

[SalishSea 18,237]

2 minutes ago, Boiler said:

I have seen it done, I think they were in the US on a Student Visa?

 

Evidence that a favorable exercise of discretion is warranted, which may include, but is not limited to:

• Impact on family living in the United States (especially U.S. citizens, lawful permanent residents, or others lawfully present);  In this case, it looks like it is a brother-in-law, so.....
• Advanced age or health concerns;
• Lawful residence in the United States for a lengthy period;
• Ties or lack thereof to your home country;
• Other factors, such as unusually lengthy government processing delays; and
• Any and all other factors you believe weigh in favor of reinstatement, with supporting documentation.

 

[Boiler 46,359]

8 minutes ago, Jorgedig said:

 

In the vast majority of cases the issue is dead but knowing nothing about the OP I did not want state that for certain.

[SusieQQQ 11,587]

29 minutes ago, Jorgedig said:

 

A brother in law can qualify as a substitute sponsor under humanitarian reinstatement, it’s in the link.

 

The bigger concern is whether they qualify, we have no idea what other family or ties they have, or even where they currently live. They may be able to make a case, or they may have no chance. A good lawyer could probably help them realistically assess that.