Green Card Petition For Sibling After Sibling Passed

Green Card Petition For Sibling After Sibling Passed

  • Applicant: Yeh Shu-Ching
  • Nationality: Chinese
  • Applying for: Sibling Family Petition (F2A)
  • Case Type: I-130
  • Time: 10 years +
  • Challenges:
    • Client’s sibling sponsor passed away unexpectedly
    • Establishing a substitute sponsor’s financial qualifications
    • Demonstrating client’s fitness for Favorable Exercise of Discretion
    • She needed to figure this quickly if she had any chance to see the rest of her family

     

    BACKGROUND

    Yeh Shu-Ching had been waiting 10 years to come to the United States for her Sibling Family Petition for naturalization. Although it has been a significant amount of years to wait, it was worth it to her to be able to see her family again. However, when we think life is going to go one way it always takes an unexpected turn. Yeh had just found out her beloved sister, Yi-Chun had died unexpectedly. This was devastating to Yeh as this was so unexpected to everyone. Not only was Ms. Shu-Ching heartbroken at the loss, but her elder sibling was also her naturalization sponsor. Yi-Chun’s dream to reunite the family by helping her little sister Yeh become a U.S. citizen appeared to be lost. At this point, Yeh did not know what to do. She already lost her sister, and if she did not get to the United States she could risk the chance of never seeing her other family again. She needed the support of her family during this hard time.

    Without an immediate and well-planned response to officials at the United States Citizenship and Immigration Services (USCIS), the case would be forfeited. She needed to find a law firm that was experienced enough to help her in this situation which is when she found Tsang & Associates. While these situations are rare, Tsang and Associates had a plan to rescue Yi-Chun’s dream.

     

    KEYS TO SUCCESS

    Tsang and Associates understood Ms. Shu-Ching needed to act quickly to make Yi-Chun’s dream a reality. The plan of action would require establishing Ms. Shu-Ching’s basic eligibility for Section 204 (l) Relief for Surviving relatives. Qualification meant proving Ms. Shu-Ching is the real beneficiary of the Sibling Family Petition, that she was living in the United States when Yi-Chun died and that Ms. Shu-Ching continues to live in the U.S.

    Since relief under section 204 (l) is not an “entitlement,” the USCIS has the discretion to deny relief unless the petitioner provides proof that the pros outweigh the cons for granting the request. Tsang and Associates created a compelling argument on Ms. Shu-Ching’s behalf to win a Favorable Exercise of Discretion from the USCIS. The submitted documents detailed Ms. Shu-Ching’s assistance to the pastor of her church including her performing missionary work, developing educational and training programs for her congregation, and dedicating her life to the betterment of the community.

    Ms. Shu-Ching also needed to find a substitute sponsor. Fortunately, the widower of Yi-Chun stepped forward. He wanted to honor the memory of his wife by making her dream of reuniting the family come true. Unfortunately, he wasn’t an ideal candidate. The U.S. requires a sponsor to have an income level high enough that should the beneficiary encounter financial troubles they would not become a burden to society. The widower had recently retired, and his income would not prove sufficient. Tsang and Associates helped him prepare financial documents to demonstrate that his assets, including homeownership, were more than enough to provide financial security for Ms. Shu-Ching. Yi-Chun’s husband was willing to risk his home and all his assets to make his wife’s dream become a reality.

     

    OUTCOME

    Ms. Shu-Ching’s relief was granted. Her residency appeal is underway and is waiting for administrative processing. Tsang and Associates were honored to have assisted in keeping Yi-Chun’s dream alive. Ms. Shu-Ching could not be happier with the outcome of the case, and cannot wait to be reunited with her family just like her sister always dreamed of.

     

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