Question about sponsoring siblings....

[ojos_de_alicia]

ok im not sure where this post goes... but here is the facts..


MY sister married a guy and he was able to adjust in the US. he now has green card.

His grandmother has been petitioning for his mother and younger brother since 1995 through Dominican republic consulate.

the grandmother is a US citizen.

Last January my brother in laws mother passed away and we arent sure what to do with the case *for his brother*

My BIL called NVC and they said that the case would be dropped if his mother died.. so they havent told anyone yet. the guy told him that he * my BIL * could sponsor his brother instead but I think that He cannot take over the case for his brother to get his papers because he isnt a U.S. citizen yet and this is what im telling him... but im not sure.

does anyone know what would happen in this case? .

[ojos_de_alicia]

okayyyy.. anyone????

[aleful]

ojos de alicia,
Is your brother in law still under 21? Even though your husband was a USC, if he is over 21, since his grandmother filed for his mother, he would have aged out and be out of luck anyway. But anyway, ask an attorney about it. I think he does have to be a USC, but I'm not a 100% sure. If he has run out of luck, when your hubby becomes a USC he can file a new petition for his brother.

[ojos_de_alicia]

HE is under 21... its not my BIL its my sisters BIL... but i will ask laurel..

basically i want to know if you need to be a USC to sponsor a sibling..

[ojos_de_alicia]

n/m found it..

How Do I Bring a Sibling to Live in the United States?

This information is for U.S. citizens who wish to bring a sibling to live permanently in the United States. Only U.S. citizens can bring their siblings to live permanently in the U.S. Lawful Permanent Residents can not.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=570e96981298d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD

[ojos_de_alicia]

now i guess i will ask laurel about.. his mother dying... she was a beneficiary as well..

[aleful]

ojos de alicia,
Sorry.
yes, only USC's can sponsor siblings. LPR can only sponsor spouses and children, under 21 and older single children over 21.
Good idea, ask Laurel

[aleful]

ojos de alicia,
maybe there is hope this is what I found, of course ask laurel. Ask about this as well. I'm sorry that his mother is dying too. I'm not sure if this is applicable in this case. But if he were to start all over again. The sibling would have to be a USC.

How can I reinstate a visa petition that was revoked by the death of the original petitioner?
Typically, when the visa petitioner dies, the approved I-130 originally filed by the visa petitioner 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”.

In order to seek reinstatement of the visa petition, you must submit a statement to the USCIS office where the original visa petition was filed formally requesting reinstatement of the visa petition. The statement should list reasons why your case warrants reinstatement, such as your ties to the United States, or hardship that would occur to you if the request for reinstatement were not granted.

You must also include with your reinstatement request a Form I-864 Affidavit of Support completed by a “substitute sponsor”. A substitute sponsor must be a citizen or national, or an alien lawfully admitted for permanent residence, at least 18 years of age, and resident in the United States. A substitute sponsor must also be related to you as one of the following: spouse, parent, mother-in-law, father-in-law, sibling, child (if at least 18 years of age), son, daughter, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, or grandchild. 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 INA 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.


What is a “substitute sponsor” and how can I be one?
A substitute sponsor is a sponsor who files an I-864 Affidavit of Support in place of a visa petitioner who has died. In order to be a “substitute sponsor,” you must be related to the intending immigrant in one of the following ways: spouse, parent, mother-in-law, father-in-law, sibling, child (if at least 18 years of age), son, daughter, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, or grandchild. You must also be a U.S. citizen or national or an alien lawfully admitted for permanent residence, be at least 18 years of age, domiciled in the United States, and meet all of the financial requirements of a sponsor pursuant to INA 213A.

Should the request for reinstatement be approved, and the intending immigrant ultimately obtains permanent residence in the United States, you will assume all of the obligations of a I-864 sponsor.

In order to be a “substitute sponsor,” complete Form I-864 and submit it to the USCIS office where the revoked visa petition (Form I-130) was originally filed, along with a statement from the intending immigrant formally requesting reinstatement (See “How can I reinstate a visa petition that was revoked by the death of the original petitioner?”) and evidence that you are related to the intending immigrant in one of the ways listed above.