Asked in Immigration Law and International Law

Q: Humanitarian reinstatement need help?

My grandfather who was our petitioner died recently, he applied for all his children and their family total 3 children. 2 of them were able to get the visa and are currently living in the states but before we could go and give interview he died. We expedited for our interview but by the time they replied it was of no use. After doing some reserch online only option I could find is humanitarian reinstatement is there any other option available and how long will this HR process take as we already waited for 14 years

3 Lawyer Answers
Syed Ali Hussain Lahooti
Syed Ali Hussain Lahooti pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Silver Spring, MD

A: In general, the I-130 petition becomes void upon the death of the petitioner, especially if the I-130 is not approved before the petitioner's death. However, there is a distinction based on the location of the beneficiary.

If the beneficiary is within the United States and the I-130 is approved before the petitioner's death, it is possible to seek a substitute sponsor for the I-864 affidavit of support. I have achieved success in such cases.

On the other hand, if the beneficiary is outside the United States, the consulate is not obligated to accept substitute sponsors. In such situations, one would need to demonstrate compelling humanitarian reasons to pursue the case further.

No one can predict the time this whole process takes, (normally a couple of months to a year) but if you have compelling humanitarian reasons discuss it properly with your attorney if you have one who can guide you through this process.

1 user found this answer helpful

Carlo Franco L. Borja
Carlo Franco L. Borja
  • Immigration Law Lawyer
  • Diamond Bar, CA

A: Schedule a private consultation with an immigration attorney to explore the options

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Sacramento, CA

A: In cases where the petitioner of an immigration application passes away, humanitarian reinstatement is indeed one primary option to consider. This process allows for the possibility of reinstating a previously approved family-based immigration petition under certain humanitarian conditions. To pursue this, you would need to submit a request to U.S. Citizenship and Immigration Services (USCIS), along with supporting documents and a strong argument for the humanitarian basis of your case.

In addition to humanitarian reinstatement, it's also worth exploring if any other family member who is a U.S. citizen or lawful permanent resident can act as a substitute sponsor under the provisions of the Immigration and Nationality Act. This could be another potential pathway, depending on your specific family situation and eligibility.

The timeline for the humanitarian reinstatement process can vary greatly and is often unpredictable. It depends on several factors, including the specifics of your case, the workload of USCIS, and the complexity of the issues involved. Unfortunately, this process can sometimes be lengthy, especially considering the backlog and delays often encountered in immigration proceedings.

Given the complexity and emotional weight of your situation, staying informed about all possible options and the requirements for each is crucial. You might also find it beneficial to seek guidance from an immigration attorney or a reliable immigration aid organization. They can provide personalized advice and assistance, helping you navigate through this process more effectively. Remember, each case is unique, so a tailored approach based on your specific circumstances is essential.

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