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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.
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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Having been known in the Filipino community for representing well known promoters, and artists, MTS Law has earned the recognition of being the “attorney of celebrities.” For over 13 years, it has been serving its clients with persistence and determination, always ready to take on tough and challenging cases to help Filipino families realize their American dream.
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We came to the law office of Mary Lyn T. Sanga to petition my husband for his green card. From the beginning the staff was always friendly and helpful even... read more over the phone. This process can be nerve wrecking as it's not something you do everyday and has to do with the legal system but having them on our side, helping literally every step of the way, answering all our questions at any time of the day and providing clarity, we knew we were in great hands! We strongly recommend scheduling a consultation and having this team represent you, you won't regret it!
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8/31/2022Attorney Mary has been working with our family for a REALLY long time. She has been the backbone of success throughout our immigration journey. There is no one our family... read more trusts more than her and the company she has built. Not only she is well versed with the law, she is also incredibly kind and accessible answering any questions or needs that we have. Special shout out to Jeric who has also handled our case continuing the same amazing work as Attorney Mary. Having a team of lawyers who really understands and cares about you makes alot of difference because this is not just a small case, this is our livelihood this is what allows us to live our American Dream and she helped navigate us through that.
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2/04/2022 -
Atty. Mary Lyn Sanga is absolutely incredible. I had a very unique immigration case and i consulted a couple of other lawyers regarding my case but none of them was... read more as brilliant as Atty. Mary who help me solved my problem. She helped me from non status to a instant US citizen. She is the real deal. Don't be fooled with over rated Immigration lawyers, they are just after your money. My endless thanks and appreciation to her.
Ferdinand M.
7/15/2020 -
Mary is an angel, she save my life, she is professional and caring and does not look to take over your pocket, basically she does the job in less time... read more and less money
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first time I called her and asked to see her she gave me the appointment right away and gave me advise and for the first visit no matter how much I insisted to pay she refused, next time I had another issue and she followed my case and compare to other lawyers she charged me almost nothing.
I will highly recommend this law office to anyone that read this review.Kamran V.
2/13/2015
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