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NEW PROPOSED BILL WOULD ALLOW SUBSTITUTE
SPONSORS FOR AFFIDAVIT OF SUPPORT OF DEAD PETITIONERS
by Michael J. Gurfinkel, Esq.
What happens if a petitioner dies while a beneficiary
is waiting for the priority date on their petition to be current?
Under present law, if the petitioner dies while
the petition or application is pending, the petition is "automatically
revoked", unless the Immigration and Naturalization Service
(INS) reinstates the petition due to humanitarian or family reunification
reasons. However, even if INS grants "Humanitarian Revalidation",
the law still requires that the petitioner submit an affidavit
of support. But how can a petitioner sign an affidavit of support,
if the petitioner is already dead?
Under existing law, even if INS grants Humanitarian
Revalidation, the green card is nevertheless eventually denied
because the deceased petitioner can no longer sign the affidavit
of support. Unless this contradiction in the law is amended, Humanitarian
Revalidation is meaningless.
There is now hope and good news for people caught
in this situation. On June 26, 2001, the House Judiciary Committee
unanimously approved the proposed Family Sponsor Immigration Act
of 2001 (known as H.R. 1892), which would allow immigrants to
use another sponsor on their affidavit of support, if their original
U.S. sponsor dies and the petition is revalidated by INS.
This new bill, which is being supported by lawmakers
from both the Democratic and Republican parties, would allow another
family member to stand in for the deceased sponsor and execute
the affidavit of support.
However, I must emphasize and remind readers that
this is just a proposed law that has not yet been approved
by the entire House, and still has to be deliberated in and approved
by the Senate, and signed into law by President Bush. You should
not go ahead and submit an affidavit of support signed
by a substitute sponsor, until the proposal becomes a law. It
is not yet a law.
Under the proposed bill, family members allowed
to step in and sign the affidavit of support include spouses,
parents, children, brothers or sisters, and legal guardians.
The bill also broadens the definition of family members to include
in-laws, allowing them to petition as well. Later, the
Judiciary Committee added grandparents and grandchildren
to the list of those who can sign affidavits of support.
Also included for consideration by the House is
a substitute amendment adopted by members of a judiciary subcommittee,
clarifying that the bill would apply retroactively, meaning
INS will re-examine cases involving potential immigrants who abandoned
their green card applications years ago after their sponsors died.
The amendment also sought to allow people as young as 18 to sign
financial support affidavits.
The bill now proceeds to the floor of the House,
where it is expected to be approved.
If the bill finally becomes law, this will relieve
many green card applicants whose petitioners have died, or whose
petitioners are now old and sickly and could die before the approval
of their green cards. We will keep our readers updated on developments.
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