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Humanitarian Reinstatement

Humanitarian reinstatement is an immigration relief that the USCIS may provide to a beneficiary when a sponsoring family member passes…

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Humanitarian reinstatement is an immigration relief that the USCIS may provide to a beneficiary when a sponsoring family member passes away while their permanent residence case is still pending. Generally, the death of a petitioner would result in the cancellation of the petition they filed on behalf of a relative. However, a humanitarian reinstatement allows a beneficiary to continue the permanent residence process.

What are the requirements for humanitarian reinstatement?

An applicant must be the principal beneficiary of an approved Form I-130, Petition for Alien Relative, to qualify for humanitarian reinstatement
Most applicants must have a Form I-864, Affidavit of Support Under Section 213A of the INA, or a qualifying work history if they were exempt from providing Form I-864
The petitioning relative must have passed away after Form I-130 was approved
The beneficiary must send a written notice to the USCIS requesting a humanitarian reinstatement benefit
The beneficiary must provide supporting documents, such as a death certificate, proof of their relationship with the petitioner, and any other evidence that they wish to have considered by the USCIS

What factors will the USCIS consider?

Since this is a discretionary relief, the USCIS will review the beneficiary’s specific circumstances and decide on a case-by-case basis. However, the USCIS will consider certain factors when determining whether humanitarian reinstatement may be warranted in this case. These factors include but are not limited to the following:

Whether or not the requestor has maintained lawful presence in the U.S.
The circumstances surrounding the petitioner’s death
The effect of the petitioner’s death on the remaining family members

Having a petitioning relative, such as a spouse or parent, pass away during the sponsorship process can be a traumatic experience in an already stressful process. However, depending on your circumstances, you may be eligible to seek humanitarian reinstatement. An immigration attorney will be able to help you understand the requirements for your case and the procedures involved. At FL-ILC, we can help you find peace of mind during an otherwise challenging time.

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Exelente atencion, nos dejó totalmente satisfecho con su ayuda muy amable y dedicada 🥰Muchas Gracias.Marisol .

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Vianet Fernandez 4 days ago

So glad I can post this. I had my consultation with Marcial and was so happy to see him and get all answers clear and then Saman just popping in to say hi and that she had reviewed my case since I’m a fan of both. It gave me reassurance and made me understand everyone would be involved and would jump in and collaborate if needed. The cherry on the top was our meeting with Natalia Lalinde, we practiced our interview with her and she went above and beyond by checking all the documents and making sure we were not missing anything. She also went above everything contracted when after our interview and not getting an answer right away by the officer she was willing to call me to check all possible scenarios and confirmed that yes, they shouldn’t deny it, but anything is possible and we can do x, y and z. She prepared us for the worst while waiting for the best, in this cases, this is what you need. You need to know that yes, this is what should be but ANYTHING can happen and they could jump in if needed. Thankfully our worst case scenario didn’t happened and I still reached out to let her know the decision, it was nice to hear that even after all is done, nothing more is left to do, she is still cared. This is SO UNCOMMON and so needed. I definitely recommend them. The process is smooth, you will always have someone to call or to give you answers. You are not speaking with AI, you are speaking with real people with real values.

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Benito Reyes 6 days ago

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SilenceR 1 week ago

Thank you Attorney Saman.
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