An approved immediate relative and family-sponsored petition is automatically revoked upon the death of the petitioner. Based on regulations, the United States Citizenship and Immigration Services (USCIS) can exercise its discretion and reinstate the approval of the petition for humanitarian reasons. If the petitioner dies before the immediate relative and family-sponsored petition is approved, the principal beneficiary cannot request for humanitarian reinstatement. In this case, the beneficiary should consider if he qualifies requesting relief under Section 204(l), Relief for Surviving Relative).
Only the principal beneficiary can request for humanitarian
reinstatement although the derivative beneficiaries can accompany or follow to join the principal beneficiary is the approval of the petition is reinstated. There is no fee required to file humanitarian reinstatement and it can be filed anytime.
The USCIS will review the humanitarian reinstatement request on a case-to-case basis, in light of the humanitarian considerations of each case. There is no form or format required. The principal beneficiary can send a letter, together with the supporting documents such as evidence of beneficiary’s family members or relatives residing in the US, their legal relationship to the beneficiary, proof of their legal status in the US, and any medical condition.
Among the factors that can be considered in support of a request for humanitarian reinstatement are as follows:
The impact of revocation on the family unit in the United States, especially on U.S. citizen or LPR relatives or other relatives living lawfully in the United States;
The beneficiary’s advanced age or poor health;
The beneficiary’s having resided in the United States lawfully for a lengthy period;
The beneficiary's ties to his or her home country; and
Significant delay in processing the case after approval of the petition and after a visa number has become available, if the delay is reasonably attributable to the Government rather than the beneficiary
These factors are not exclusive nor are they specific requirements. As earlier stated, the request is considered in its totality and on a case-to-case basis.
The beneficiary must also have a qualifying relative willing to act as the substitute sponsor in lieu of the deceased petitioner. The substitute sponsor must be:
A U.S. citizen, national, or lawful permanent resident;
At least 18 years old; and
The beneficiary’s spouse, parent, mother-in-law, father-in-law, sibling, child, son, daughter, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, grandchild, or legal guardian.
If you are contemplating of filing humanitarian reinstatement or any immigration petition for that matter, it is advisable to seek the counsel of an immigration lawyer to guide you on the intricacies of filing for such application. .
[Information contained in this article does not, nor is it intended to, constitutes legal advice for any specific situation and does not create a lawyer-client relationship. It likewise does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.]