Humanitarian Reinstatement

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.