Success Stories: Humanitarian Reinstatement Granted for Ecuadorian Unmarried Daughter of U.S. Citizen
Photo by Dario Valenzuela on Unsplash. What happens to an immigrant petition when a Petitioner dies? Humanitarian Reinstatement is a discretionary relief available if the beneficiary, who is required to have Form I-864, Affidavit of Support, is able to meet certain requirements. In this case, they are able to continue with their petition, which was automatically revoked upon the death of the petitioner.
We recently received an approval for a Humanitarian Reinstatement petition we filed on behalf of an unmarried daughter of a U.S. Citizen who passed away before the completion of the immigration visa processing. The case is now reinstated and the client can now proceed with the visa processing at the National Visa Center. Congratulations to our client!
Humanitarian Reinstatement is a discretionary application filed with the USCIS requesting the reinstatement of a petition that is revoked upon a petitioner’s death. Generally, when a petitioner for an I-130 immigrant petition dies, the petition is automatically revoked by operation of law. In these cases, beneficiaries with approved I-130 petitions waiting for their visas to become available may no longer be able to continue their immigration case, unless a Humanitarian Reinstatement application is made to and is approved by the USCIS to allow the case to continue with a qualifying Substitute Sponsor.
Discretionary applications such as Humanitarian Reinstatement are not easily approved. We recommend seeking the assistance of an experienced immigration attorney who can help present your case in the best possible light and show that discretion is warranted in your case. Please feel free to contact us, we are here to help! Follow us on Instagram, Twitter, Facebook, LinkedIn and Tumblr, for up-to-date immigration news. Please note that past results do not guarantee future outcomes.
Torregoza Legal PLLC is the law firm for immigrants, by immigrants. We are founded on the motto of LegalEase: we do away with the legal jargon and make law easy to understand, so you can focus on what’s important to you – going for your American Dream.
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This website and blog constitute attorney advertising. Do not consider anything on this website or blog legal advice as the law is dynamic, particularly in the immigration field and nothing in this website constitutes an attorney-client relationship being formed. Set up a one-hour consultation with us before acting on anything you read here. Past results are no guarantee of future results and prior results do not imply or predict future results. Each case is different and must be judged on its own merits.