Humanitarian Reinstatement of an I-130 After Petitioner’s Death

Can a Revoked I-130 Be Reinstated?

If you are the principal beneficiary of an approved I-130, your petitioner relative has died, and USCIS has revoked that I-130, that I-130 can then be reinstated due to humanitarian reasons .  Humanitarian reinstatement is not available if the petitioner died while the petition was pending.

If your I-130 was revoked due to a mistake, error, fraud, or alleged misrepresentation there are still options for a positive outcome but not through humanitarian reinstatement.

Who is Eligible for Humanitarian Reinstatement?

Your I-130 is eligible for humanitarian reinstatement if you meet the following requirements:

  • You are the principal beneficiary of an approved I-130;
  • Your petitioner relative has died;
  • You have a substitute sponsor eligible to file an I-864 on your behalf; and
  • Your case warrant’s the exercise of USCIS’s favorable discretion to reinstate your case.

What are Humanitarian Reasons?

Humanitarian refers to actions or activities that are intended to promote human welfare and to improve the well-being of individuals or communities.  In immigration cases, humanitarian generally refers to actions or policies that are intended to help individuals or groups who are facing difficult or dire circumstances, such as war, persecution, or natural disasters.  When adjudicating a request for humanitarian reinstatement, USCIS will look at the following factors when deciding whether or no to exercise their discretion.

    • Impact on family living in the United States (especially U.S. citizens, lawful permanent residents, or others lawfully present);
    • Advanced age or health concerns of the beneficiary or any following-to-join family members of the beneficiary;
    • Lawful residence in the United States for a lengthy period;
    • Ties (or lack thereof) to your home country;
    • Other factors, such as unusually lengthy government processing delays; and
    • Any and all other factors you believe weigh in favor of reinstatement, with supporting documentation.

What Happens after Humanitarian Reinstatement is Approved?

If humanitarian reinstatement of an I-130 petition is approved, the USCIS will re-open and reconsider the original I-130 petition.  The foreign national beneficiary may be able to continue with the immigration process either through an adjustment of status application or through consular processing at a US consulate abroad.

If you have a similar case, contact our office through our website or give us a call at 305 515 0613. We look forward to helping you win your case like we have for thousands of other clients.