Humanitarian Reinstatement (I-130 Petition Reinstatement due to Death of Petitioner )

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F4 India Handling Humanitarian Cases with Confidence

Humanitarian Reinstatement is one of the most complex immigration matter and it is understandably daunting to go through this process on your own. That’s why, you should get our legal support as you move forward. At F4 India, our attorneys have the exclusive experience and highest success rate in grant of Humanitarian reinstatement for immigrant visa petitions. We have been practicing in this area of law for many years, gaining deep insight, experience, and skills with how to effectively handle humanitarian-based cases, especially where petitioner or principal applicant died and your petition is revoked. With all of this backing our team of attorneys, you can be assured that you are in very good hands when you work with us.

Our immigration Team is ready to help you, no matter how challenging or difficult your immigrant case is. We want to help you achieve your U.S. immigration goals in the most efficient and effective manner possible. Our firm reunites those living abroad with the relatives in the United States. In short, we are an immigration firm with a mission to provide the highest quality U.S. immigration services to our clients.

Humanitarian Reinstatement

Unfortunately, petitioner died and your petition has been revoked by the USCIS, the first thought that appear to your mind is that your petition is no more valid now and your dream and efforts you made to move to the US and to get reunite with your family members have shattered. but that’s not the case, you still have chance to immigrate and get green card on your existing approved or even revoked petition. Wondering How? Contact us to know all the procedure and to get answers to the following questions.

The Most Common Questions Asked for Humanitarian Reinstatement

  • What Happens With your Petition if your Petitioner /Principal Applicant Dies?
  • What is the Requirement to Qualify for Humanitarian Reinstatement?
  • Who is Eligible to fill Affidavit of Support After Deceased Petitioner?
  • Motion to Reopen a Humanitarian Reinstatement in Case of a Denial.
  • What is the Time Line for Humanitarian Reinstatement?
  • What Factors are Involved for High Success Rate in Humanitarian Reinstatement Cases?

What Happens with your Petition if your Petitioner /Principal Applicant Dies?

Protect your family petition upon the death of the qualifying relative, that is, the petitioner or the principal beneficiary. According to the new law (by President Obama on October 29, 2009) both the principal and the derivative beneficiaries of a pending or approved I-130 visa petition (whether in the immediate relative category or one of the preference categories) are protected if the petitioner or the principal applicant die before the final adjustment of status application is arbitrated under certain circumstances. The death of an I-130 petitioner does not revoke the underlying petition and neither does the death of the principal applicant revoke the derivative beneficiary’s application if certain conditions are met.

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What is the Requirement to Qualify for Humanitarian Reinstatement?

Whether you are eligible for Humanitarian reinstatement or not can be best defined only after the case analysis, as every case is different and have different circumstances. To get your case analysis in order to check eligibility for filling humanitarian reinstatement of your visa petition you are advised to contact our Attorney at +91-6283507748, you can also write us at info@f4india.com . Basic consultation on phone is free, but for detailed analysis you have to pay a minimal charge and have to provide with all required documents suggested by the attorney. Procedure and requirements of USCIS for Humanitarian reinstatement of your visa petition are different, for applicants who have chosen adjustment of status, and for applicants whose petition was processing through Consoler Processing. You can better understand it through one of the requirements mentioned below for applicants whose petition was adjudicated through Adjustment of Status.

Residence Requirement for Qualifying Beneficiaries, under Adjustment of Status processing

In order to qualify for this protection, the beneficiary of a pending or approved I-130 petition must have resided in the U.S. when the qualifying relative died and must continue to reside in the US on the date the decision on the pending petition or application is made. This does not mean that the beneficiary must have been physically present in the US when the qualifying relative died, but simply that the beneficiary’s actual residence was in the U.S. Additionally, if any one of the beneficiaries of a petition meets this residence requirement, then all the beneficiaries meet it as well. It is not necessary for each beneficiary to meet the residence requirement on their own. Therefore, if it is the principal beneficiary who has died, the petitioner may continue to seek approval of the petition so long as at least one derivative beneficiary meets the residence requirements. However, note that this does not give derivative beneficiaries any right to the petition. The petitioner continues to retain his or her right to withdraw the petition at any time. If an alien has obtained an adjudication of a petition under this new provision of the INA but does not qualify for adjustment of status, he or she may leave the U.S. to undergo consular processing.

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Who is Eligible to fill Affidavit of Support After Deceased Petitioner?

The death of the qualifying relative does not relieve the alien beneficiary of the requirement to have a sponsor file the Affidavit of Support on Form I-864. Therefore, if the sponsor on the Affidavit of Support dies, another individual who qualifies as a “substitute sponsor” must submit a Form I-864 under INA § 213A.

Motion to Reopen a Humanitarian Reinstatement in Case of a Denial.

For petitions or applications that were denied before that date due to the death of either the petitioner or the principal beneficiary, the surviving beneficiary may file an untimely motion to reopen with the proper filing fee and request that the pending petition or application be adjudicated according to INA § 204(l).108 Additionally, the CIS has found that it would be appropriate to reinstate the approval of an immediate- relative or family-based petition that was automatically revoked upon the death of the petitioner or the principal beneficiary before October 28, 2009, if the beneficiary was residing in the U.S. upon said death and continues to do so.109 Also, if a petition or application that should have been adjudicated in compliance with INA§ 204(l) was denied on or after October 28, 2009, CIS must reopen the case on its own motion for a new decision. If the beneficiary does not meet the residence requirement of the new INA rules, the CIS continues to have authority to reinstate the petition.

Note Regarding Previously Approved I-130' s:

Prior to representation of this new provision in the INA, some courts were allowing widows and widowers of U.S. citizens to immigrate based upon an I-130 petition already filed by the deceased spouse, even though the petitioner died before the couple was married for two years. In light of the new law, CIS will honor those approvals and the subsequent adjustment applications and will not seek to withdraw a grant of adjustment based on the death of the U.S. citizen petitioning spouse.

Automatic Revocation of a Visa Petition

Pursuant to 8 CFR § 205.1(a)(1)-(3), approval of a visa petition for the relative of a U.S. citizen or of a permanent resident alien is automatically revoked backdated to the original approval date

The State Department terminates the beneficiary’s registration for a visa because the alien failed to apply for an immigrant visa within one year after being notified that a visa was available and the beneficiary failed to prove to the Service, within two years of the notice, that the failure to apply was due to circumstances beyond the alien's control.

If the filing fee and any other charges are not paid within 14 days after notifying the petitioner or beneficiary that the original check was returned as not payable.

If the petitioner files a formal notice of withdrawal with any Service officer who is authorized to approve such petitions;

What is the Time Line for Humanitarian Reinstatement?

There is no specific time line for humanitarian Reinstatement of your visa petition. But as we have filled many humanitarian reinstatement for revoked petitions, based on our experience we can say that, the time line for this could be between 12 to 16 months, depending on case type and its complexity. In many cases USCIS ask for more evidence or supporting documents.

What Factors are Involved for High Success Rate in Humanitarian Reinstatement Cases?

The most basic factors for high success rate are related to your visa petitions current situation, like was it approved before the petitioner dies or the hardship US citizen is going through etc., The most complex factors for high success rate depends upon the current immigration law for Humanitarian reinstatement and relevant factors with your visa petition and family situation. Only an expert attorney how has good experience with humanitarian petitions can recognize the most suitable, relevant and accurate factors which can lead to successful results and that is an Approval from USICS for Humanitarian reinstatement of your visa petition.

Why you Need an Immigration Attorney to Help you Prepare Humanitarian Reinstatement of your Visa Petition?

To avoid running into unnecessary trouble, it is a good idea to hire an immigration attorney when applying for your Humanitarian Reinstatement. Keep in mind that, each year, USCIS rejects or denies thousands of petitions. This could be your last chance to get you visa petition reinstate and immigrate to the United States.

An attorney will do the following tasks in order to make your case stronger for approval

  • Filling with attorney is safe and secure.
  • Avoid delay and costly errors.
  • Analyse your eligibility.
  • Spot any potential legal problems.
  • Prepare the complete set of complex forms.
  • Prepare the complete set of complex forms.
  • Follow up with USCIS in regard to case updates.
  • Quick results and fast processing.
  • Only attorney can guide you in legal matters while USCIS does not provide legal guidance in regard to your case. Even if in some cases a USCIS information officer may give you advice but keep in mind that USCIS employees cannot best represent your interests- that’s what your attorney does.
  • It is important to have an attorney if you have issues about moral character, for an example, if ever in your life you have arrested for a drug offense or DUI or other crime.
  • Attorney takes quick action if there is a request for additional evidence by USCIS.
  • Sometimes you need attorney simple because your case has gotten messy and you need more personalized advice.
  • Experienced lawyers may also have contacts inside USCIS who can give them information or locate a lost file.

Just Remember that “a good attorney can be the difference between an approval and a denial and its always better to get it right the first time.”

Humanitarian Relief through Executive Action

A client came to our office with an 4years old case. Her father, a U.S. citizen, filed a relative petition for her in Sept 2006 under the category F3 "married daughter of a the U.S Citizen". USCIS approved the petition in 2010, and our client began her long wait for a visa.

Sadly, After several years the petition was approved, our client's father passed away before she obtained her F3 immigrant visa. As a result, when her visa became available in Aug 2018, USCIS revoked its approval of the initial petition. Our client came to seek our assistance to get her petition reinstated. She explained to us that her mother, also a U.S. citizen, remained in the United States and needed our client by her side to care for her in her advanced age and declining health. We informed our client that we could help her apply for humanitarian reinstatement.We have won so many cases like this before so we were quite confident.

Humanitarian reinstatement is available to beneficiaries of approved relative petitions, if the petitioner died after the petition was approved. Since this was our client's case, we filed a Request for Humanitarian Reinstatement with USCIS on our client's behalf. We successfully argued in DHS that there was a humanitarian reason to reinstate our client's petition. It was a log fight with USCIS and we have filed so many affidavits and other supporting documents . Our attorney appeared personally many times with senior most USCIS officers .Our lawyers described her mother's long history of illness and the loss of her primary caretaker, Our client's father. We also argued that principal applicant mother's sister, a U.S. citizen, was qualified to be our client's financial sponsor as a substitute for the deceased petitioner.

One year later, Our Humanitarian Reinstatement case was approved and our client's visa application was reinstated. Since her visa is now available, she can expect to move to the United States and be with her mother in 2021with her husband and children.

Mr.S.Sandhu is Associated with F4 India Law Firm and serves clients from our India office. Our team assists clients with all types of family immigration cases, and we have offices conveniently located in Mohali, Punjab,India, Vancouver,BC,Canada If you would like to learn how our experienced immigration Attorneys can assist with your case, please contact our firm today!

for more information contact us info@f4india.com

One of The Success Stories

Achieved success in getting a green card application approved by USCIS under Humanitarian grounds even after the death of the U.S. petitioner (sponsor).

Case Time Line
Petition: I-130
Category: F3
Priority date: September 8, 2006
Approval Date: August 26, 2010
Petitioner Died: in November 2017
Client Approached our team of F4 India: January 2018
Case update at NVC and USCIS and US team discussion: Action started on February 2019
Case filed by f4 India at USCIS: May 2019
Case Approved, got Decision letter: March 2020