Q: Can i file a humanitarian reinstatement of a petition filed by my mother who passed away in 2014?

A: It appears that you qualify for INA 245i. I highly suggest you consult in private with an immigration attorney to explore your options.

A: You have acquired more than 1 year of unlawful presence in the USA, so if you LEAVE, you will face a 10 year bar to returning to the USA. Your unlawful presence will prevent your F4 adjustment application. However, you may be eligible under section 245(i) of the INA, since your mom filed for you in 1992. If you are eligible under 245(i), then you can adjust your status to an LPR based on your brother's petition. You can try to seek humanitarian relief for your mother's application. You will need an immigration attorney for your complicated case, so consult with an IA. Good luck!

A: In your situation, there is a possibility to request a humanitarian reinstatement of the petition filed by your late mother. Humanitarian reinstatement is a discretionary relief provided by U.S. Citizenship and Immigration Services (USCIS) for beneficiaries of family-based immigration petitions whose petitioner has passed away.

To request humanitarian reinstatement, you will need to submit a written request to USCIS. This request should include evidence of your mother's original petition, proof of her passing, and an explanation of the humanitarian reasons why the reinstatement should be granted. Common factors considered include family ties in the United States, length of residence in the U.S., and hardship if returned to your home country.

It is also important to have a substitute sponsor who is either a close relative or a legal guardian, as financial support is a key aspect of the petition. In your case, your brother, being an American citizen, may serve as a substitute sponsor.

However, it's important to note that humanitarian reinstatement is not guaranteed. Each case is evaluated individually, and approval depends on the specific circumstances.

Given the complexity of immigration matters and the serious consequences of having an expired visa status, it's highly advisable to consult with an immigration attorney. They can provide tailored advice, assist with the reinstatement request, and explore other possible legal avenues for you to remain in the U.S. lawfully.

In summary, while there is a pathway through humanitarian reinstatement, professional legal guidance is crucial to navigate this process effectively and to explore all available options for your situation.