06/10/2022
**CONTINUING THE SPONSORSHIP APPLICATION WHEN THE SPONSOR NO LONGER QUALIFIES**
Regulations regarding selecting a replacement sponsor when the original sponsor passes away during the process of sponsoring a relative:
Typically, for family-based immigration to the U.S., categories with shorter waiting times include sponsoring parents, spouses, or unmarried children under 21 of U.S. citizens or permanent residents (IR, F2A). However, other categories like siblings (F4), unmarried children over 21 (F1), married children (F3), or unmarried children of permanent residents (F2B) have much longer waiting times, up to 13 years. During this waiting period, if the sponsor unexpectedly passes away, the case may be closed, resulting in the loss of the opportunity for the beneficiary to immigrate to the U.S.
In such cases, U.S. immigration law requires the relatives of the deceased sponsor to notify USCIS, NVC, or the U.S. Consulate to initiate the closure process of the case. Additionally, they must directly contact the U.S. Consulate to obtain a death certificate after registering the death with the Department of Justice of the Province/City.
However, immigration law also allows for a replacement sponsor for humanitarian reasons to continue the sponsorship process. The replacement sponsor must meet the following conditions:
1. **The replacement sponsor must hold the same position in the same category:**
- If the sponsor was a parent, the replacement can only be the other parent or a child over 21 who is a U.S. citizen.
- If the sponsor was a child, the replacement can only be one of the other children, regardless of whether they are biological, adopted, step, or half-siblings.
- If the sponsor was a sibling, the replacement can only be one of the other siblings, regardless of whether they are biological or adopted.
- If the sponsor was a spouse, there can be no replacement; the beneficiary (widow/widower) can self-petition under the widow/widower of a U.S. citizen category within 2 years of the sponsor's death and is exempt from filing a new Affidavit of Support.
2. **The replacement sponsor must have the financial ability** to support the beneficiary. If they lack sufficient financial means, a joint sponsor can be found according to the general regulations.
3. **The replacement sponsor must promptly notify** USCIS, NVC, or the U.S. Consulate, depending on the stage of the case. Delayed notification can result in the denial of the replacement sponsor application.
4. **Failing to notify about the sponsor’s death** is a violation of immigration law, resulting in the denial of the sponsorship case and the loss of the chance to reopen it.
5. **Exception cases:** If no suitable replacement is available, USCIS may accept a direct family member as a replacement sponsor, but this must be approved by the U.S. Consulate in Vietnam.
6. **The restoration request** must be sent to the U.S. Consulate or NVC if the case is still there and should be sent after notifying the U.S. Consulate and NVC of the sponsor’s death, including the death certificate and related documents.
After 2 months from the notification of the sponsor’s death, the case will be transferred back to the original USCIS center. At this point, the I-130 restoration request must be sent there.
If USCIS approves your restoration request, you will retain the original priority date of the I-130 and receive guidance on the next steps for applying for an immigrant visa. If not, you will receive a denial notification and may file a lawsuit if necessary.
For any questions, please contact: 763 227 0209
