Humanitarian Reinstatement LA Attorney
Humanitarian Reinstatement LA Attorney. A humanitarian reinstatement approved means that the I-130 petition continues. The death of petitioner and humanitarian reinstatement is the only realistic way to proceed forward with the I-130 petition. It will save years of waiting.
Some petitions such as the fourth preference petition can actually take nearly 25 years to become current prior to the beneficiary, being able to come into the U.S. as a Lawful Permanent Resident. A successful humanitarian reinstatement means you do not have to start from square 1 and you do not lose years of waiting for the visa number to become current.
Normally when a petitioner dies, so does the petition. This means even if you have waited 20 years and on the 19th year, the petitioner dies, you cannot immigrate. This does not matter if the Consulate sends you the paperwork to continue. They simply do not know the status of the petitioner. A Humanitarian Reinstatement is not automatic.
The Humanitarian Petition itself consists of an attorney cover letter (assuming you retain an attorney to do this) along with declarations, affidavits, evidence and supporting documents. All of these items put together will hopefully convince the officer to approve the Humanitarian Reinstatement. It normally takes around six months to one year to get the decision back from Immigration.
At a minimum, there will need to be a substitute sponsor so that the beneficiary does not become a public charge. This substitute sponsor would be an eligible family member who makes sufficient money to be able to properly sign, the affidavit of support and to give all the supporting financial documents to prove that the beneficiary will not become a public charge and will not need to go on government assistance.
You can proceed forward with the Consulate Processing assuming the beneficiary or beneficiaries are outside the U.S. However, It does not erase the possibility of needing a Waiver. In that case, there still might be a possibility that the beneficiary child could come into the U.S.
There are no official forms for the Humanitarian Reinstatement rather,
each case is different and each reviewing officer is different. Our American Immigration Law Firm does Humanitarian Reinstatements all over the world. There is actually an exception to when you need to file the Humanitarian Reinstatement.