Humanitarian Reinstatement (I-130 Petition Reinstatement due to Death of Petitioner )
Humanitarian Reinstatement is one of the most complex immigration matters, and it is understandably daunting to go through this process on your own. That’s why you should get legal support as you move forward. At F4 India, our attorneys have the exclusive experience and the highest success rate in the grant of Humanitarian reinstatement for immigrant visa petitions. We have been practising in this area of law for many years, gaining deep insight, experience, and skills to effectively handle humanitarian-based cases, especially where the petitioner or principal applicant died, and your petition is revoked. With all of this backing from our team of attorneys, you can be assured that you are in excellent hands when you work with us.
Our immigration Team is ready to help you, no matter how challenging your immigrant case is. We want to help you achieve your U.S. immigration goals efficiently and effectively. In addition, our firm reunites those living abroad with relatives in the United States. In short, we are an immigration firm with a mission to provide our clients with the highest quality U.S. immigration services.
Unfortunately, petitioner died and your petition has been revoked by the USCIS, the first thought that appear to your mind is that your petition is no more valid now and your dream and efforts you made to move to the US and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?
Suppose the Petitioner/ Sponsor or Principal applicant / Beneficiary dies and the case is at US Consulate or NVC Service Centre. In that case, the case file will be returned to the USCIS to Revoke the Petition.
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 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 email@example.com. Basic consultation on the phone is free, but for detailed analysis, you have to pay a minimal charge and provide all required documents suggested by the Attorney. The 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 is processed 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
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 U.S. 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 U.S. 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. Each beneficiary doesn't need to meet the residence requirement on their own. Therefore, if the principal beneficiary 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 retains the right to withdraw the petition at any time. Suppose an alien has obtained an adjudication of a petition under this new provision of the INA but does not qualify for adjustment of status. In that case, he or she may leave the U.S. to undergo consular processing.`
Who is Eligible to fill the 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 due to the death of either the petitioner or the principal beneficiary, the surviving beneficiary may file an untimely motion to reopen with the appropriate filing fee and request that the pending petition or application be adjudicated
What is the Time Line for Humanitarian Reinstatement?
There is no specific timeline for humanitarian Reinstatement of your visa petition. But as we have filled many humanitarian reinstatements for revoked petitions, based on our experience, we can say that the timeline for this could be between 12 to 16 months, depending on the case type and its complexity. In many cases, USCIS ask for more evidence or supporting documents.
What Factors are Involved in High Success Rate in Humanitarian Reinstatement Cases?
The most basic factors for a high success rate are related to your visa petition's current situation, like was it approved before the petitioner dies or the hardship US citizen is going through etc., The most complex factors for a high success rate depend upon the current immigration law for Humanitarian reinstatement and relevant factors with your visa petition and family situation. Only an expert attorney who has good experience with humanitarian petitions can recognize the most suitable, relevant and accurate factors which can lead to successful results, and that is Approval from USICS for Humanitarian reinstatement of your visa petition.
Why do you need an Immigration Attorney to help you Prepare for 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 your visa petition to reinstate and immigrate to the United States.
An attorney will do the following tasks in order to make your case stronger for approval
Just Remember that "a good attorney can be the difference between an approval and a denial, and it's always better to get it right the first time."
Humanitarian Relief through Executive Action
A client came to our office with a 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 U.S Citizen". USCIS approved the petition in 2010, and our client began her long wait for a visa.
Sadly, several years after 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 had 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 long fight with USCIS, and we have filed so many affidavits and other supporting documents. Our attorney appeared personally many times with most senior 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 the principal applicant's 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.
Samar Sandhu is the founder of 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, and Vancouver, BC, Canada. If you would like to learn how our experienced immigration Attorneys can assist with your case, please contact our firm today!
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.
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
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 in February 2019
Case filed by f4 India at USCIS: May 2019
Case Approved, got Decision letter: March 2020