Many immigrants sponsored by family members have suffered the tragic loss of their sponsoring family member.  Compounding that tragedy is that, until recently, U.S. law provided that a visa petition terminated upon the petitioning family member’s death–devastating families who had often waited years for the opportunity to legalize their status.

That changed in late 2009, when Congress amended the law to provide that petitions who not terminate on the death of the petitioner for persons who were residing in the United States upon the death of their family member.  In December of 2010, USCIS issued its final policy guidance concerning this new law.

The law applies retroactively to cases where the family member died prior to the law’s enactment.  If you were told in the past that you could not immigrant because of the death of your family member, you should speak to an attorney to learn how this change in law might impact your opportunities for immigration.