Understanding Humanitarian Reinstatement
Another win for humanitarian reinstatement. Humanitarian reinstatement approved for Client from Vietnam whose U.S. citizen father filed an I-130 on her behalf but died during the COVID-19 pandemic. Client can now continue with her immigrant visa, with her brother as a substitute sponsor, rather than wait an additional 15+ years for a new I-130 from one of her siblings. You may only request another win for humanitarian reinstatement if you are the principal beneficiary of an approved Form I-130, Petition for Alien Relative, and your petitioner relative has died. They cannot grant humanitarian reinstatement if the petitioner died while the petition was pending. Humanitarian reinstatement is a discretionary benefit. Exercising discretion means we compare positive factors against negative factors to make a decision. There is no form or fee to ask for humanitarian reinstatement. You need to make a written request with supporting evidence to the USCIS office that originally approved the petition. Humanitarian reinstatement occurs when USCIS agrees to let you continue your application with a different relative as your sponsor. How do you apply for humanitarian reinstatement? You send the request to USCIS – to the service center that approved the original petition.