Cable Discusses Substitution of Sponsor on Affidavit of Support

R 152049Z APR 02
FM SECSTATE WASHDC
TO ALL DIPLOMATIC AND CONSULAR POSTS
SPECIAL EMBASSY PROGRAM
BELGRADE POUCH
DUSHANBE POUCH
KABUL POUCH

UNCLAS STATE 071485



VISAS

E.O. 12958: N/A

TAGS: CVIS

SUBJECT: Substitution of Alternative Sponsor If Original Sponsor Dies

1. Summary: on March 13, 2002, H.R. 1892 became Public Law 107-150. This law amends the Immigration and Nationality Act (INA) by allowing an alternative sponsor if the original sponsor has died and the Attorney General has determined that the petition should not be revoked for humanitarian reasons. The provisions of this law are effective immediately. The text of INA as amended is provided below.

2. What is the Effect of the Amendment?

Pub. L. 107-150 amended INA 213A(f)(5) to permit an alternative sponsor in the case of the death of the petitioner if the Attorney General has determined for humanitarian reasons that the petition should not be revoked.

3. How is section 213A Amended?

If the Attorney General has determined that for humanitarian reasons a petition shall not be revoked upon the death of the petitioner, the amendment permits the substitution of a close family sponsor. The law specifies that the alternative sponsor must be the spouse, parent, mother-in-law, father-in-law, sibling, son, daughter, son-in-law or daughter-in-law of the beneficiary. As in the case of other sponsors, the sponsor must maintain an annual income equal to at least 125 percent of the Federal Poverty Guidelines. (See 40.41 Exhibit I.)

4. Who Benefits from the Amendment?

The amendments made by Pub. L. 107-150 took effect immediately upon enactment and apply as if included in the enactment of the Illegal Reform and Nationality Act (Title C of Pub. L. 104-208). The amendments shall apply with respect to deaths occurring before, on, or after the date of the enactment of the Act.

5. Following is the text of INA 213A(f)(5) as amended by Pub. L. 107-150.

'(5) NON-PETITIONING CASES- Such term also includes an individual who does not meet the requirement of paragraph (1)(D) but who--

(A) accepts joint and several liability with a petitioning sponsor under paragraph (2) or relative of an employment-based immigrant under paragraph (4) and who demonstrates (as provided under paragraph (6)) the means to maintain an annual income equal to at least 125 percent of the Federal poverty line; or

(B) is a 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 of a sponsored alien or a legal guardian of a sponsored alien, meets the requirements of paragraph (1) (other than subparagraph (D)), and executes an affidavit of support with respect to such alien in a case in which--

(i) the individual petitioning under section 204 for the classification of such alien died after the approval of such petition; and

(ii) the Attorney General has determined for humanitarian reasons that revocation of such petition under section 205 would be inappropriate.'

6. Procedures for implementing this provision and interim FAM notes will be sent by septel.

POWELL