Humanitarian reinstatement after a family petitioner’s death

If the family member who filed an immigration petition for you has died, the case may still have a path forward. When USCIS approved the Form I-130 before the petitioner’s death, the principal beneficiary may ask USCIS to restore that approval for humanitarian reasons. If the petition was still pending when the petitioner died, a different provision may apply. The approval notice and date of death are important starting points for reviewing your options.

What Is Humanitarian Reinstatement?

An approved family petition is generally revoked when the petitioner dies. Humanitarian reinstatement is a request for U.S. Citizenship and Immigration Services (USCIS) to restore the petition’s approval so the beneficiary can continue pursuing an immigrant visa or green card. USCIS decides these requests case by case. Eligibility to request reinstatement does not guarantee that USCIS will grant it.

Only the principal beneficiary of an I-130 that was approved before the petitioner’s death can request humanitarian reinstatement. There is no requirement that the beneficiary live in the United States to make this request; someone pursuing a visa through a U.S. consulate may also need to consider it.

What Circumstances May Support a Request?

USCIS considers the circumstances of the individual case. Evidence may address:

•  The effect of losing the petition on relatives living in the United States;
•  The beneficiary’s age or health concerns;
•  A lengthy period of lawful residence in the United States, if applicable;
•  The beneficiary’s ties to the country where they would live if the petition were not reinstated; and
•  Significant processing delays attributable to the government.

A request should explain the family’s particular circumstances and include documents that support them. A general statement that the petitioner died is unlikely to tell USCIS why reinstatement is warranted in that case.

Will I Need a New Financial Sponsor?

If your immigrant visa or green card case requires Form I-864, Affidavit of Support, you generally need an eligible substitute sponsor. The sponsor must have a relationship to you that the law permits, be at least 18 years old, be a U.S. citizen, U.S. national, or lawful permanent resident, and meet the applicable domicile and financial requirements. A willing relative does not automatically qualify, so the relationship and financial evidence should be reviewed carefully.

How Do I Ask USCIS to Reinstate the Petition?

You make a written request explaining why USCIS should reinstate the approved petition. Depending on the case, the supporting packet may include:

•  The Form I-130 approval notice and identifying information for the petition;
•  The petitioner’s death certificate;
•  A detailed explanation and evidence of the humanitarian circumstances; and
•  An eligible substitute sponsor’s Form I-864 and proof of the qualifying relationship, if an affidavit of support is required.

Medical records, family statements, and documents showing the effect on relatives may help explain the request. Humanitarian reinstatement restores the petition’s approval if granted; it does not itself grant a green card. The beneficiary must still complete consular processing or adjustment of status and meet the other applicable requirements.

What If the I-130 Was Still Pending When the Petitioner Died?

Traditional humanitarian reinstatement is unavailable if USCIS had not yet approved the I-130. However, INA § 204(l) may permit certain beneficiaries to continue a pending or approved case if at least one qualifying beneficiary resided in the United States when the relative died and continues to reside here. That residence requirement applies to § 204(l), not to a traditional humanitarian reinstatement request. The correct option depends on the petition, the family relationship, and where the beneficiaries lived.

If the deceased petitioner was your U.S. citizen spouse, you may also want to read our article on I-360 widow petitions. Surviving spouses may have a separate route that deserves its own review.

Talk With Cross Border Lawyer About Your Options

The first step is to confirm whether USCIS approved the I-130 before your relative died. If you have them, gather the I-130 receipt or approval notice, the death certificate, and any notices from the National Visa Center or consulate. Attorney Yunuén B. Mora can review the history of your case, potential substitute sponsorship, and the evidence that may support your request. Cross Border Lawyer serves clients in San Diego and Tijuana.

To schedule a consultation, contact our office.

This article provides general information and is not legal advice for your individual case.