Humanitarian Reinstatement

Humanitarian reinstatement offers hope to individuals who face unique challenges following the death of their petitioning relative. If you are the principal beneficiary of an approved Form I-130, Petition for Alien Relative, and your petitioner relative has passed away, this discretionary form of relief may provide a path forward. This guide explains what humanitarian reinstatement is, who qualifies, and how to navigate the process.

What Is Humanitarian Reinstatement?

Humanitarian reinstatement is a discretionary benefit available to the principal beneficiary of an approved Form I-130 if the petitioner’s death occurred after the petition was approved. It allows U.S. Citizenship and Immigration Services (USCIS) to consider reinstating the petition, enabling the beneficiary to pursue lawful permanent residency despite the loss of the petitioner.

Important Notes:

• Humanitarian reinstatement is not available if the petitioner died while the petition was still pending.
• Derivative beneficiaries cannot directly request reinstatement but may benefit if the principal beneficiary’s request is approved.

If your petition was pending at the time of the petitioner’s death, you may explore eligibility for other relief under Section 204(l). Visit the USCIS webpage on Section 204(l) Relief for Surviving Relatives for more details.

Eligibility Requirements for Humanitarian Reinstatement

To request humanitarian reinstatement, you must:

1. Be the principal beneficiary of an approved Form I-130.
2. Provide a substitute sponsor for Form I-864, Affidavit of Support, if required.

Who Can Be a Substitute Sponsor?

Your substitute sponsor must:

• Be a U.S. citizen, lawful permanent resident, or U.S. national.
• Be at least 18 years old.
• Be one of the following relatives:
  • Spouse
  • Parent
  • Mother-in-law or father-in-law
  • Sibling
  • Child, son, or daughter
  • Son-in-law or daughter-in-law
  • Sister-in-law or brother-in-law
  • Grandparent or grandchild
  • Legal guardian

How to Request Humanitarian Reinstatement

There is no specific form or fee to request humanitarian reinstatement. Instead, submit a written request to the USCIS office that originally approved your petition, along with supporting evidence.

What to Include in Your Request

1. Your name and your deceased petitioner’s name.
2. The receipt number of the petition (found on the receipt notice).
3. Your Alien Registration Number (A-Number), if applicable.
4. Your petitioner’s A-Number, if available.
5. A certified death certificate for the petitioner (translated into English if necessary).
6. A new Form I-864 completed by your substitute sponsor.
7. Evidence that supports a favorable exercise of discretion. This may include:
   • Impact on family members living in the U.S. (especially U.S. citizens or lawful permanent residents).
   • Health concerns or advanced age of the beneficiary or their family members.
   • Long-term lawful residence in the U.S.
   • Ties (or lack thereof) to your home country.
   • Delays in government processing.
   • Any other factors supporting your case.

Understanding USCIS Discretion

Humanitarian reinstatement is not guaranteed. USCIS evaluates each request on a case-by-case basis, weighing positive factors against negative factors to determine if the reinstatement is warranted. Positive factors may include strong family ties, humanitarian concerns, or other unique circumstances that favor approval.

Conclusion

Humanitarian reinstatement provides a critical pathway for individuals facing the loss of their petitioner. While the process requires careful preparation, understanding eligibility and gathering the necessary documentation can strengthen your case. If you believe you qualify, begin your request promptly and ensure all evidence highlights the positive factors that support your reinstatement.

Should you have any questions or if you would like to schedule a consultation, please contact me by submitting the form or by calling me at (248) 900-3399.  I accept clients from across the U.S. and around the world.  My law office is conveniently located in Bloomfield Hills, Michigan for in-person meetings.  For phone consultation, you can reach me from any part of the United States or abroad.