U.S. Senate Approves Feinstein Legislation to Address Inequity in Immigration Process Bill would allow Qualified Family Member to Stand in for Sponsor, in the Event of the Sponsor's Death
December 21, 2001

Washington, DC - The U.S. Senate last night approved legislation offered by Senators Dianne Feinstein (D-Calif.) and Chuck Hagel (R-NE) to allow a qualified family member to take the place of the sponsor of a person seeking an immigrant visa, in the event of the sponsor's death.

The bill, which has already been approved in the House of Representatives, will become law with the signature of President George W. Bush.

"Under current law, if a sponsor dies while a green card application is pending, the applicant is forced to find a new sponsor and restart the application process, or face deportation," Senator Feinstein said. "By permitting another family member to stand in for the deceased sponsor, the approval of this legislation moves a step forward to making the law more just for those seeking to become legal residents of our country."

Earlier this year, Senator Feinstein introduced private legislation on behalf Zhenfu Ge, a 73-year old grandmother who is facing deportation because her daughter died before the INS was able to complete the final stage of the application process. This bill would alleviate the need for such private legislation.

"Mrs. Ge, and those in similar situations, should not face deportation when another family member is available to take financial responsibility for them," Senator Feinstein continued. In a speech earlier this year, President George Bush announced support for this idea. He said, "If a child's parent and financial sponsor should pass away, we should permit the other parent to take over as the sponsor."

Specifically, the Family Sponsor Immigration Act of 2001 would allow a qualified spouse, parent, adult child, sibling, mother-in-law, father-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, grandparent or grandchild to assume the role of a sponsor, without an interruption in the green card process for the applicant on the conditions that:

· The applicant's petition must have already been approved by the INS. Under these circumstances, the only thing left for the alien to do is to complete the interview process with the INS; and

· The new sponsor must meet all income and affidavit of support requirements.

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