The wait time to receive lawful permanent residence can often be over 10 years. Under immigration laws, if the petitioner passes away before the beneficiary’s priority date is reached, the petition is automatically revoked. However, sometimes a person is able to obtain humanitarian reinstatement of the old family-based visa petition. If a person has extenuating circumstances, they can appeal to USCIS or the Department of State for a reinstatement of their visa petition. This often requires that they have certain relatives who still have immigration status in the United States who can substitute as a sponsor. In these cases, DOS and USCIS look at all the humanitarian factors in the case in order to determine whether they should grant humanitarian reinstatement of the petition.
There is also a newer section of the law, 204(l), which provides for the reinstatement of any type of immigrant petition when the beneficiaries are inside the United States and a necessary party to the petition passes away. This section can apply to both many different types of petitions, including but not limited to family and employment based visa petitions. In these cases, a petition may be reinstated if the Secretary of DHS determines that approval would not be contrary to the public interest and that there is a substitute sponsor on the affidavit of support.
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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…
We hoped and prayed for this day, not knowing if it would ever come. Deportations are incredibly scary and overwhelming. We wanted to give a very special thank you to Jennifer Peyton of Chicago for securing this victory for us! With Jennifer on our side we were able to get our loved one back. On behalf of our family, thank you. When we started this journey, we had hoped and…
Matthew Kriezelman, first of all, thank you very much; you and your team are the best immigration lawyers in Chicago. I had a great experience—your professionalism was outstanding, and you were always there whenever needed. I give you five stars for the wonderful work you and your team did. Thanks again.
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