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Follow on Google News | So the Petitioner died? Don't wait another 20 years - get the Humanitarian ReinstatementThe Humanitarian Reinstatement can bring back to life a petition that was gone and dead because the petitioner passed away. Learn specifics about the Humanitarian Reinstatement and what must be done
Humanitarian Reinstatement Criteria—Under prior law if there was automatic revocation of the petition due to death, USCIS/DOS could grant humanitarian reinstatement. DOS criteria in evaluating a request for humanitarian reinstatement include whether there is: (1) disruption of an established family unit; (2) hardship to USCs or LPRs; (3) a beneficiary who is elderly or in poor health; (4) a beneficiary who has had lengthy residence in the U.S.; (5) a beneficiary who has no home to go to; (6) undue delay by INS or consular officers in processing the petition and the visa; and (7) a beneficiary who has strong family ties in the U.S. Under the Family Sponsor Immigration Act of 2002, PL 107-150, 116 Stat. 74 (Mar. 13, 2002), certain relatives (spouse, parent, mother-in-law, father-in-law, sibling, child (if at least 18 years of age), son, daughter, son-in-law, daughter-in- The I-130 beneficiary must ask the AG to reinstate the petition and must demonstrate that she has a substitute sponsor. If a beneficiary does not have a qualifying relative, she may make an estoppel argument. Prior to INA §204(l) a petition could not be reinstated on humanitarian grounds if the petitioner died before the petition was approved. Similarly, death of a principal beneficiary would have invalidated the petition for derivative beneficiaries. But even under the prior law, courts found that it was improper to automatically revoke a petition without considering a humanitarian exception where petitioner died before the application was approved but INS approved it. End
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