Humanitarian Reason By, Edward Juarez Immigrant's Voice (TV program) Column: Week February 19 -25, 2007 Give your opinion on our Immigration Forum Edward's Blog
	Edward Juarez
	Founder and President

Will I lose my residence if my petitioner dies?

Luckily the Congress of the United States has anticipated this problem and has including in the Immigration Act a clause to protect “certain” immigrants, permanent relatives of citizens or permanent residents.

The Family Sponsor Immigration Act of March 13, 2002 allows to self-petition to all the immigrants whose petitioners have died after the approval of the original request. With the exception of the widows of citizens; the immigration agent, has the discretion power to approve or to deny a case, after considering the bases presented to justify a “humanitarian reason”. In addition, the request must be presented before turning two years of the death of the petitioner, and it will require itself that a near relative (resident or citizen), replaces the petitioner; becomes your guarantor before the American government to justify that you will not become public charge.
This clause loses validity if the beneficiary is spouse of a citizen or resident and marries again before presenting the self-petition and obtaining the residence, since the state of widowhood finishes.
The relatives who can continue the request are: spouse, parents, parents-in-law, brothers, children of 18 years or older, brothers-in-law, even grandparents, grandsons, and also the legal guardian of the immigrant beneficiary.

In order to obtain the residence with a self-petition, you must consider my 5 fundamental points that they will determine the final result. Consider your intention, demonstrate good faith and admissibility; prepare you case with much care remembering the discretion power that the immigration official has when considering your case.