Immigration Issues/death of sponsor


I got married to an american citizen in 1999 we had a child and filed our paperwork with the ins.
I got my ead and social security car(conditional)
Our interview was set for march 17 2001.Unfortunately my wife died 4 months earlier
from cancer.I was told to go to my interview by my lawyer, at the interview the ins officer told me that they cannot approve the petition and i would get something in the mail.I never received anything from the ins.Just recently i found out about the the family immigration act of 2002(public law 107-150)the ability to use a substitute sponsor.I have two brother in-laws that could do that.i went to a lawyer and she told me that this law does not apply in the cases were a spouse was the petitioning relative.
I dont believe that is the case.The only possible obstacle i can see is the I 130 approval.I am not sure if mine was ever approved
how do you know?it would make sense that it was approved since i received my ead and went thru fingerprinting.Do you know any other cases like mine.Thank you.MR

When you file the I-130 and I-485 together at the local office - the I-130 is never approved until the interview and they issue you a work card in advance of the interview.

The substitute sponsor refers to the fiancial sponsor not the petitioning sponsor. The lawyer is right that you can not use a substitute petitioning sponsor.

Immigration misled you also. They should have told you to file an I-360 Widower petition. But now because the passage of too much time - you can not file the I-360.

You must find a new way to get a green card.



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Robert Hollander<B> Esq.</B>



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