Does American Visa Sponsorship End After Recipient's Death?

When the recipient of an American visa sponsorship dies, it can have significant implications for the visa process, but the outcome depends on the type of visa and the stage of the application. Here’s a breakdown:

1. Family-Based Visa Sponsorship:

If the recipient was being sponsored for a family-based visa (like a spousal or parental visa), the visa petition generally terminates when the sponsor dies. This is because the sponsorship is based on the relationship with the petitioner.

• Exception: In certain cases, it is possible to request that the petition be reinstated due to ""humanitarian grounds."" For this to happen, another close family member (like a sibling or adult child) who is a U.S. citizen or lawful permanent resident must step in as a substitute sponsor.

• In some cases, if the visa beneficiary was already in the U.S. when the sponsor died and was on track for a green card, they may be able to continue the process through an adjustment of status with the help of the substitute sponsor.

2. Employment-Based Visa Sponsorship:

For employment-based visa sponsorships, such as the H1B or employment-based green cards, the visa does not typically end if the visa holder dies. However, the employer's sponsorship of a deceased individual generally terminates, and the visa process is usually canceled if the applicant has passed away before receiving approval.

3. Diversity Visa (Green Card Lottery):

If the primary applicant of a Diversity Visa (Green Card Lottery) dies before the visa is issued or they have entered the U.S., the process is generally terminated. Family members, such as a spouse or children, may not be able to proceed without the primary applicant unless they had already obtained their visas independently.

Conclusion:

When a visa sponsorship recipient dies, the process typically ends, but there can be exceptions, particularly in family-based cases where another relative can step in as a substitute sponsor. In employment-based and diversity visa cases, the process often terminates, though there may be special considerations based on the case specifics.