Humanitarian Reinstatement

Humanitarian Reinstatement is a discretionary form of relief available to the principal beneficiary of an approved Form I-130, that was approved before the petitioner's death. 

Basic Eligibility for Humanitarian Reinstatement 

You may only request Humanitarian Reinstatement if you are the principal beneficiary of an approved Form I-130, and your petitioner relative has died. USCIS cannot grant Humanitarian Reinstatement if the petitioner died while the petition was still pending. Most immediate relatives and family-based preference immigrants are required to have form I-864 Affidavit of Support. If you were required to have I-864 and the petitioner died, you must have a new Form I-864 from a substitute sponsor. The Sponsor must be:

• A U.S. citizen, National, or lawful permanent resident 

• At least eighteen (18) years of age 

• Your spouse, parent, sibling, child, son, daughter, mother-in-law, father-in-law, daughter-in-law, son-in-law, sister-in-law, brother-in-law, grandparents, grandchild, or legal guardian.

How to request Humanitarian Reinstatement

There is no fee or form for Humanitarian Reinstatement. You must make a written request with supporting evidence to the USCIS office that originally approved the petition. When you request Humanitarian Reinstatement be sure to include:  

• Your name and your deceased petitioners name 

• The receipt number of the petitioner

• Your Alien Registration Number (A-Number) if you have one 

• You relatives A-number, if they had one 

• Your relative’s death certificate( a translation is required if it is not in English)

• Form I-864 from your substitute sponsor

• Evidence that a favorable exercise of discretion is warranted 

Contact our office at Askew & Associates, P.A. by calling 954-546-2699.

*Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns.