Death of Sponsor/Beneficiary Question

[Lazy Monk 1]

Hello there folks,

 

If a usc sponsors his brother or sister who is married with kids, I know it takes almost 15 years before they can immigrate. What if within those years, the sponsor dies or the beneficiary brother or sister dies, can their families (spouses and kids, kids being under 21 and unmarried) still immigrate to the US?

Edited April 7, 2020 by Lazy Monk

[SusieQQQ 11,586]

No. There are some very limited exceptions available (if the family is already resident in the US) but in almost all cases death of either the sponsor or principal beneficiary means the petition dies too.

[Lazy Monk 1]

3 minutes ago, SusieQQQ said:

No. There are some very limited exceptions available (if the family is already resident in the US) but in almost all cases death of either the sponsor or principal beneficiary means the petition dies too.

Why would they need the sponsorship if they already reside in the US? Does it have to do with legal residence or visiting on a tourist visa etc? What are those limited exceptions?

[geowrian 22,337]

Generally, no.

There are very limited exceptions, depending on the status of he I-130, if reinstatement is possible, etc.

 

1 minute ago, Lazy Monk said:

Why would they need the sponsorship if they already reside in the US? Does it have to do with legal residence or visiting on a tourist visa etc? What are those limited exceptions?

Reside does not mean permanent residency. Example, work visas, student visas, etc.

Tourist visa likely would not be sufficient...one does not reside in the US as a visitor.

Edited April 7, 2020 by geowrian

[designguy 1,179]

These visas are for family reunification. If the petitioner dies there is no reunification, thus no reason to be able to immigrate 

[SusieQQQ 11,586]

13 minutes ago, Lazy Monk said:

Why would they need the sponsorship if they already reside in the US? Does it have to do with legal residence or visiting on a tourist visa etc? What are those limited exceptions?

You can’t reside on a tourist visa. Would be something like if they have a work visa but are wanting permanent residence. Work visas are not permanent.

[Lazy Monk 1]

20 minutes ago, SusieQQQ said:

You can’t reside on a tourist visa. Would be something like if they have a work visa but are wanting permanent residence. Work visas are not permanent.

Yeah that's exactly what I was thinking...thanks!

[Lazy Monk 1]

But what are the exceptions?

[geowrian 22,337]

8 minutes ago, Lazy Monk said:

But what are the exceptions?

https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-9

Edit: Or in the case of an already approved petition, humanitarian reinstatement: https://www.uscis.gov/greencard/humanitarian-reinstatement

Edited April 7, 2020 by geowrian

[Boiler 45,470]

Well it does not take 15 years, there is no set time, best guess at the moment for those being petitioned now is nearer 20 years, some countries much longer.