How Do You Know If You Qualify for Humanitarian Reinstatement?
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Losing a loved one is a devastating experience. When your relative was also the petitioner for your visa application and your loss now puts your immigration case at risk, the uncertainty can feel overwhelming. At Kriezelman Burton & Associates, LLC, we help families through this situation, recognizing that humanitarian reinstatement may be the relief you need.
Here is a quick summary of who qualifies and what the process involves:
- You must be the principal beneficiary of an already-approved Form I-130
- Your petitioning relative must have died after the I-130 was approved
- You must submit a written request with supporting evidence to the USCIS office that approved the petition
- You will need a substitute sponsor to complete a new Form I-864 (if one was originally required)
- USCIS will weigh positive factors against negative ones to decide whether to grant this form of relief
Who Can Apply for Humanitarian Reinstatement?
Humanitarian reinstatement is available only to the principal beneficiary of an approved Form I-130. Derivative beneficiaries, such as a child listed on a spouse’s petition, cannot request reinstatement. However, if the principal beneficiary’s request is approved, eligible derivatives may also benefit.
One critical limitation: this relief does not apply if the petitioner died while the I-130 was still pending. In that scenario, you may qualify under a separate provision, INA Section 204(l), which covers pending petitions and requires that you were residing in the United States when the relative died and continue to reside here.
What Documentation Is Required?
There is no specific form or fee to request humanitarian reinstatement. Rather, you must submit a written request to the USCIS office that originally approved your petition. Your submission must include:
- Your name and the deceased petitioner’s name
- The petition’s receipt number
- Your Alien Registration Number (A-Number), if applicable
- The petitioner’s A-Number, if applicable
- A certified copy of the petitioner’s death certificate (with a certified translation if not in English)
- A completed Form I-864 from a substitute sponsor, if one is required
The substitute sponsor must be a U.S. citizen, national, or lawful permanent resident who is at least 18 years old and is a qualifying relative such as a spouse, child, parent, sibling, grandparent, grandchild, or legal guardian.
What Evidence Should You Include?
Humanitarian reinstatement is discretionary. This means that USCIS weighs the positive and negative factors of each case individually to make a decision. These can include:
- The impact on family members living in the United States, particularly U.S. citizens or lawful permanent residents
- Advanced age or serious health concerns of the beneficiary or accompanying family members
- Significant period of lawful residence in the United States
- Weak ties to the home country
- Unreasonable government processing delays
An experienced immigration attorney can identify every favorable factor in your case, gather supporting documentation, and help you present it all in a compelling, organized format. The stronger and more detailed the evidence you present showing that the positives outweigh the negatives, the better positioned your case will be.
Finding Your Way Forward
Seeking humanitarian reinstatement requires careful preparation. A missed detail or incomplete submission can delay or jeopardize your submission. At Kriezelman Burton & Associates, LLC, our immigration attorneys have decades of experience helping families pursue every available avenue for relief. Contact us today to schedule a confidential consultation and start discussing possible solutions for your situation.
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