Best Lawyer for Humanitarian Reinstatement Cases- where Petitioner or Beneficiary is deceased and I-130 is Revoked.
Team of F4 India Law Firm, based in USA, Canada and India, has the vast experience in Humanitarian Reinstatement cases. F4 India Law Firm has successfully done hundreds of cases all over the world for Humanitarian Reinstalment, It is one of the core expertise area for the experienced Immigration attorneys at F4 India Law Firm.
Know the Answers to Questions related to the Humanitarian Reinstatement from the most experienced Attorney and founder of F4 India Law Firm Mr Samar Sandhu.
What is Humanitarian Reinstatement?
When petitioner or Beneficiary passed away, after an I130 family petition was approved or was filled but pending for approval, the Petition gets revoked. Revocation is automatic and it happens after informing the USCIS or NVC or the consulate at the time of Interview that the petitioner is deceased.
Is It Important to inform the US immigration Authorities about the death of the Petitioner?
Yes, it is very important to inform USCIS or NVC or the consulate depending on the case processing stage, if the case is with USCIS and not yet forwarded to NVC then you have to inform USCIS, If the case is at NVC for Processing you have to inform both NVC and USCIS, and if your case is at US Consulate for interview then You need to inform the US Consulate. Remember that hiding about the death of the petitioner can cause serious consequences and one of them is misrepresentation and inadmissibility bar for life, because eventually USCIS, NVC, Consulate or US port will know that the petitioner is deceased and they will ask for Grant letter from USCIS which says that the I-130 petition is reinstated or reapproved on Humanitarian grounds.
When should the Humanitarian Reinstatement be filed?
Humanitarian Reinstatement should be filled immediately after the death of the petitioner, waiting for long or waiting for your visa processing to start is not at all suggested. Waiting will delay your case. Even US Consulate at the time of Interview will put your case in Administration processing if you don’t have the decision Letter for Humanitarian Reinstatement in your hand by USCIS. Consulate will return your petition to USCIS and will ask you to come up with Humanitarian Reinstatement Approval for the case. So, in order to save time, you should request for Humanitarian Reinstatement of your petition early.
How long the Humanitarian Reinstatement Application take?
There is no set time frame for this, but we are able to tell you based on the cases we did previously. So when your Request application to reinstate your I -130 Petition on humanitarian grounds is received by USCIS, since then till the decision is made, it takes minimum 10 months and maximum 16 months. If your Petition is Approved then USCIS will forward it to NVC, here it takes 45 days for NVC to receive and next approx. 30 days to review under administration processing at NVC. Once NVC has reviewed and satisfied they will proceed with next step.
What are the chances of getting a grant or approval in order to reinstate your I-130 Revoked petition on Humanitarian grounds by USCIS?
Humanitarian Reinstatement is purely a discretionary decision, which is made by USCIS. The chances for getting success in such cases depends on the preparation of the request. Only an experienced attorney knows what to file in order to bring success.
After the death of the Petitioner or Beneficiary only Humanitarian Reinstatement would be your last chance to fulfil your dream of getting unite with your oved ones in US and one should not take it leniently. We always suggest to hire an attorney for Humanitarian Revalidation requests.
Why it is always advised to hire an attorney for Humanitarian Reinstatement request filling?
Well, there are many reasons to it, like applicant does not know what is the most righteous way to prepare a convincing file, applicant has no such experience and doing it on your own diminishes your chances of request approval. The next is that applicant does not know where exactly to file for Humanitarian Reinstatement, the information they get online is not complete and only an attorney knows well.
The biggest hurdle which we have seen with those clients who started with their Humanitarian Reinstatement procedure on their own but later hired an attorney after getting frustrated, now you must be wondering what was such hurdle so here we go, the biggest hurdle is to get update when you try to follow up with USCIS. USCIS is not allowed to give information solely to beneficiary and they ask for petitioner beside knowing that the petitioner is deceased, and if petitioner is not available, they will ask for an attorney and if there is no attorney on your case, they will refuse to give any kind of update or information to you, beside knowing that petitioner is deceased.
F4 India Law Firm welcomes you to ask questions in regard to your I-130 Petition.