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First of all, we’re sorry if your petitioner has passed away. This is not only a difficult situation on a human level, but it also adds additional feelings of uncertainty when your immigration process is tied to this person being alive, and they’ve since passed away. Our hope is that after reading this, you see that there are options available for you, that there’s a possibility, and that there’s hope. We’ve helped many people go through this exact process we’re going to talk about today called humanitarian reinstatement. This is something you can do whether you’re in the US or in your home country, and your petitioner has passed away while you’re going through the immigration process.
Understanding Humanitarian Reinstatement:
Humanitarian reinstatement is a process that allows you to continue with your immigration journey even after your petitioner has passed away. To be eligible for humanitarian reinstatement, you must have been the principal beneficiary of an approved I-130 petition. If the I-130 was still pending or if you were a spouse or child not initially listed as a principal beneficiary, humanitarian reinstatement will not be applicable.
You need to verify that the I-130 petition was indeed approved. You can check this on the USCIS website using your receipt notice number. If it says “approved,” then you are eligible to proceed with the humanitarian reinstatement process.
Steps to Take:
- Verify Your Case Status: Make sure your I-130 petition was approved. You can find this information on your receipt notice or approval notice. If you don’t have the actual approval notice, you can check the status online at https://www.uscis.gov/green-card/humanitarian-reinstatement.
- Check Priority Dates: Ensure your visa category is current by consulting the Visa Bulletin. This can be a complex process, but it’s crucial to confirm that your priority date is current before proceeding.
- Find a Sponsor: The most complicated part of the humanitarian reinstatement process is finding a new I-864 sponsor. This person must be a U.S. citizen, national, or lawful permanent resident, and at least 18 years old. They also need to be a close family member and have sufficient income to support you.
For a free case review with an Immigration lawyer, call
Requirements for the Sponsor:
Your sponsor needs to meet specific criteria, including being one of the following relatives: spouse, parent, mother-in-law, father-in-law, sibling, child (over 18), son or daughter (21 or older), son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, grandchild, or legal guardian. They must also meet income requirements based on their household size as specified in the [Poverty Guidelines 2024](https://www.uscis.gov/i-864p).
Additional Considerations:
Humanitarian reinstatement is a discretionary process. This means USCIS will weigh the pros and cons of granting your application. If you have a criminal history or other issues, you will need to provide context and demonstrate how you’ve addressed these issues to make a favorable case for reinstatement.
We hope this article helps you understand the humanitarian reinstatement process. The basic eligibility requirements are listed on the USCIS website, which is a good place to start for a detailed understanding. If you need more help, please reach out to us at New Frontier Immigration Law. Whether you’re in the US or outside, humanitarian reinstatement is an option for you if your petitioner has passed away after your I-130 was approved. Despite the challenging circumstances, know that there are options available to continue your immigration journey.
