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Humanitarian Reinstatement
Humanitarian reinstatement is a discretionary form of relief available to the principal beneficiary of an approved Form I-130, Petition for Alien Relative, that was approved before the petitioner’s death.
This is requested when the principal beneficiary of an approved immigrant visa petition was unable to immigrate to the United States within the required time frame specified by USCIS or the Department of State. The request for Humanitarian Reinstatement provides an opportunity to revive the petition and continue with the immigration process.
How to request Humanitarian Reinstatement
Requesting for humanitarian reinstatement starts with making a written request with supporting evidence to the USCIS office that originally approved the petition. The written request includes the following as supporting documents:
- Your name and your deceased petitioner’s name;
- The receipt number of the petition which can be found on the receipt notice
- Alien Registration Number (A-Number)
- Your relative’s A-Number, if they had one;
- Your relative’s death certificate (a certified translation is required if it is not in English);
- A Form I-864 from your substitute sponsor; and
- Evidence that a favorable exercise of discretion is warranted (this means the positive factors in your case outweigh the negative factors). This may include, but is not limited to: (1) Impact on family living in the United States (especially U.S. citizens, lawful permanent residents, or others lawfully present); (2) Advanced age or health concerns of the beneficiary or any following-to-join family members of the beneficiary; (3) Lawful residence in the United States for a lengthy period; (4) Ties (or lack thereof) to your home country; (5) Other factors, such as unusually lengthy government processing delays; and (6) Any and all other factors you believe weigh in favor of reinstatement, with supporting documentation.
Humanitarian reinstatement is a benefit that depends on USCIS judgment. Making a discretionary decision involves weighing positive and negative factors. Along with meeting the essential criteria for humanitarian reinstatement, your application must demonstrate a justifiable exercise of discretion, indicating that the benefits of approving your request outweigh the drawbacks.
If you require legal counsel to pursue a request for Humanitarian Reinstatement, the MTS Law Offices can provide valuable assistance. Our experienced immigration lawyers specialize in preparing compelling written requests and demonstrating that your case showcases an abundance of positive factors outweighing any negative aspects. Trust our firm to advocate for your rights and navigate the complexities of the process on your behalf.
Disclaimer
The information presented in this section provides a general overview of the naturalization process in the United States. For accurate and up-to-date information tailored to your individual case, we recommend seeking professional assistance from MTS Law. With over 10 years of experience, our team has successfully guided clients through various aspects of immigration law, ensuring the best possible outcomes for their clients. Contact MTS Law today for comprehensive and reliable immigration legal services.
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