If your Petitioner or Principal Applicant died and petition has revoked, don’t get dishearten, you still have chance to immigrate to US.
If a person who submitted an I-130 immigration petition dies, the petition is automatically revoked. Thus, immigrant families who are already grieving the loss of a loved one often find themselves doubly visited by tragedy because surviving family members may also have lost the ability to immigrate through the deceased’s petition.
However, If it has happened to you then there are some possible remedies that allow certain beneficiaries and family members to continue to seek an immigration benefit, even after a petitioner or qualifying relative has died.
In order to check which remedy is applicable to your case we need to analyse it first because each provision has distinct eligibility criteria and legal authorities.
Our team of F4 India has successfully done many cases of Humanitarian Reinstatement. You can contact us if you want to talk to one of our client. The provisions set by USCIS can help certain family members who would otherwise lose the opportunity to apply for permanent residence because the petitioner died, or because the applicant is a derivative and the principal beneficiary died.
Please note that if the petitioner dies, providing documents from an alternate sponsor on the day of the interview will not reinstate the petition. In order to proceed with the case, US Consulate must receive notice from DHS stating the petition has been reinstated. Thus, if you are thinking of providing alternative sponsors documents at the time of Interview then you are wasting your time. US Consulate will put your Petition in to Administration Processing and will ask you to file for Humanitarian Reinstatement.
The remedies are :
1) Survivor benefits for widow(er)s of U.S. citizens under INA § 201(b)(2)(A)(i);
2) Other benefits for certain surviving relatives under INA §204(l); and
3) Humanitarian reinstatement of an approved I-130 petition.
Why it is important to hire an attorney for Humanitarian Reinstatement request at USCIS.
It is unfortunate when a relative die and we are always saddened to learn of the death of one of our petitioners or applicants. However, the death of a petitioner or applicant can have serious consequences on the outcome of a visa petition. If the petitioner dies before the principal applicant has immigrated to the United States, the petition is automatically revoked. This means the consular officer will not be able to issue a visa to any of the beneficiaries of the petition and will be required to return the petition to the Department of Homeland Security (DHS).
If there are compelling humanitarian circumstances, then you can request for Reinstatement of your petition on Humanitarian grounds.
Individuals seeking to immigrate even after the death of a family member who was an integral part of their immigration case face many challenges, including navigating the various immigration laws that might apply to them after a family member’s death. Note that this might be your Last chance to immigrate to US as a permanent resident. You have waited so long and would not like to lose a chance of setting it right. Most people try to file themselves or they hire a non-experienced agent or lawyer. As this might be your last chance to immigrate and fulfil your dreams, you should choose your lawyer wisely as there is no appeal if the request gets denied.
Only an experienced attorney can evaluate your case and let you know the right provision for you petition. What all papers are required to request Humanitarian Reinstatement? How to prepare your file for Humanitarian Request? How to show Humanitarian evidence? What documents are considered valid by USCIS? Where to File? How to follow up? These are the questions which can be easily dealt by an attorney.
Humanitarian reinstatement is a limited discretionary relief but may sometimes be the only avenue that survivors can pursue.
We charge bare minimum fee because we understand the pain of your loss. Our law firm has customised the fee structure specially for such cases. Our result is 99.9%