Legal Question in Immigration Law in California

Next step in receiving residency after death of petitioner (ie father)

My final court day was on April 21, I was suppose to get my residency through my father since he is a citizen. My father past away a week before. Now they postponed everything until December. They said something about talking to a humanity department. What is the next legal step my lawyer is suppose to take and the next step I'm suppose to take.


Asked on 5/03/04, 3:24 pm

1 Answer from Attorneys

Gabriel Jack Muston & Jack P.C.

Re: Next step in receiving residency after death of petitioner (ie father)

sounds like they will request that you be allowed to have a substitute sponsor under the new law that passed about a year ago. If they found based on humanitarian reasons that you should be allowed to substitute sponsorship, then you should be issued Permanent residence. Your lawyer will need to come up with a list of hardships you would suffer if you were not afforded the opportunity to switch sponsors. The law used to be that once the sponsor died, the case was over and you were just sent back to your home country unless you had some other immediate relative to sponsor you. Thanks to this new law, you may have a second chance.

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Answered on 5/03/04, 3:52 pm


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