The loss of a loved one is devastating. For many immigrant families, that grief is compounded by fear that an immigration case will also come to an end when the family member who filed the petition passes away.
Fortunately, in some situations, immigration law provides a potential solution called humanitarian reinstatement.
Humanitarian reinstatement allows USCIS to continue processing certain family-based immigration cases even after the petitioner has died. This relief is available only in limited circumstances, but it can be a lifeline for families who have already spent years waiting for an immigrant visa to become available.
Who May Qualify?
Generally, humanitarian reinstatement is available when:
A family-based Form I-130 petition was approved before the petitioner passed away.
The beneficiary requesting reinstatement is the principal beneficiary of that approved petition.
A qualifying substitute sponsor is available, if an Affidavit of Support is required.
USCIS determines that humanitarian factors justify allowing the case to continue.
Humanitarian reinstatement is discretionary, meaning USCIS reviews each case individually and is not required to approve every request. Factors such as family ties in the United States, hardship to surviving relatives, and the overall circumstances of the case may be considered.
What If the Petition Was Not Yet Approved?
Humanitarian reinstatement generally applies only to approved I-130 petitions. If the petitioner passed away while the petition was still pending, other forms of relief may be available, including protections for certain surviving relatives under immigration law.
How Is a Request Made?
Unlike many immigration benefits, there is no specific USCIS form for humanitarian reinstatement. Instead, the beneficiary submits a written request with supporting evidence, including documentation of the petitioner's death, proof of eligibility, and evidence explaining why USCIS should favorably exercise its discretion. This lack of direction and specific form can make it difficult for families to navigate the humanitarian reinstatement process alone.
We Can Help
If your family member passed away during the immigration process, do not assume your case is over. Depending on the facts of your situation, humanitarian reinstatement or another form of relief may allow your immigration journey to continue.
At Monarch Immigration Law, PLLC, we understand how overwhelming it can be to navigate immigration law while grieving the loss of a loved one. We are committed to helping families explore every available option and advocating for solutions that keep families together.
Interested in learning more? Contact us today for an in-depth consultation about your case.