The Family Sponsor Immigration Act is a new law recognized by the Bureau of Citizenship and Immigration Services (BCIS) of the Department of Homeland Security (DHS), formerly known as the Immigration and Naturalization Service (INS).

Prior to the passage of this law, if the original petitioner died prior to beneficiary receiving his/her immigrant visa or adjusting status, especially in cases where there was a long wait because of the preference category, the application would terminate with the death of the sponsor. This new law would now allow this petition to proceed regardless of the death of the sponsor. The Family Sponsor Immigration Act now allows the petition to be saved by having a "substitute sponsor" for the Affidavit of Support, form I-864, when the petitioner is deceased.

For example, after the approval of the petition, but prior to the beneficiary adjusting to permanent residence, if the petitioner dies, the beneficiary may use a "substitute sponsor" for the I-864. Substitute sponsors must be directly related to the beneficiary in some way, such as: spouse, parent, sibling, grandparent, child (must be at least 18 years of age), son, daughter, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandchild, and/or legal guardian, etc.

The substitute sponsor can only be used in the case of a deceased petitioner. Furthermore, the substitute sponsor must meet all the requirements of the sponsor, including: age; domicile; income requirements; and status. The only exception is that they need not be the original sponsor petitioning for the intending immigrant.

If necessary, the substitute sponsor may use a joint sponsor and or other household income if he/she does not satisfy the income/assets requirement of the Affidavit of Support.

This new law would apply to beneficiaries who have an already approved I-130 application. If the sponsor dies before the approval of the I-130 application, then this new law cannot be utilized.

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