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:
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.
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:
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.
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:
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.
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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Brittni Rivera and her team (Carina Lopez) are fantastic! They are responsive, efficient and beyond compassionate. Brittni Rivera and her team treated me with dignity and respect as they patiently answered all of my questions. They didn't move on without making sure I understood each step. Their work ethic was impressive. It felt like they were an extension of my personal team. I can't say enough to convey my gratitude…
I decided to use the services of Kriezelman Burton & Associates, LLC, and Kevin was nothing short of professional and amazing. From the consultation to the final approval, he gave us confidence and reassurance throughout the entire process. When I first told him about my wife’s wish to change her status, the first thing he said was, “We will get it done.” Even during the USCIS pause, he continued to…
Our experience with the firm was extraordinary. We worked with attorney Andrea Ochoa. Since the very first meeting we met, Andrea gave us all the confidence to proceed with our case. She always answered our questions shortly and offered clear guidelines to proceed. When my son's case received a notice of intent to deny, she planned how to fight that decision effectively. We totally recommend everyone to trust their case…
I just want to say huge thank you to Mr. Kevin A. Raica. for everything he has done for me throughout my immigration case. When I first came to Kevin, he explained the SIJS process clearly and walked me through the steps. We first needed to get the guardianship court order before moving forward with the I-360, and he connected me with a trusted attorney to help with that part.…
I cannot find the words to express my gratitude to Brittni Rivera! She literally saved my family. We had been waiting seven years for what she accomplished in just three weeks. I was impressed by how accessible the office is—they always answer calls very quickly. A special thank you to paralegal Nataliia Melnyk. You are my heroes. Thank you.
We are incredibly grateful for the help and support we received from this office. From the very beginning, they understood the urgency of our situation and treated our case with real care, professionalism, and speed. They were extremely responsive, clear, and compassionate throughout the entire process. They moved quickly when timing was critical, kept us informed, and helped us navigate a very stressful immigration situation with confidence. Thanks to their…
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