Humanitarian Reinstatement LA Attorney
Humanitarian Reinstatement of an I-130 — Keeping a Family Petition Alive After the Petitioner Dies
When the petitioner of an already-approved I-130 dies, USCIS may, in its discretion, grant humanitarian reinstatement so the beneficiary can keep using that approval instead of starting over. This is different from INA §204(l), which can keep certain petitions alive when the principal beneficiary (and qualifying derivatives) were residing in the U.S. at the time of the petitioner’s death. If §204(l) doesn’t apply—often because the beneficiary lived outside the U.S.—humanitarian reinstatement may be the lifeline.
Who can request it
- The principal beneficiary of an approved I-130 (not a pending one).
- Derivative family members (spouse/children) remain covered if the principal is reinstated.
What USCIS looks for (discretionary factors)
- Close family ties to U.S. citizens/LPRs.
- Length of residence in the U.S. (if any), community involvement, employment history.
- Hardship to you and U.S. relatives if the case is denied.
- Prior compliance with immigration law and overall equities.
- Adverse factors (criminal/immigration violations) and whether they’re outweighed by positives.
Substitute financial sponsor (required)
You must provide an I-864 from a substitute sponsor—a qualifying relative who is a U.S. citizen or LPR (spouse, parent, mother/father-in-law, sibling, child 18+, son/daughter-in-law, sister/brother-in-law, grandparent, grandchild, legal guardian). Attach proof of relationship and status plus tax evidence.
How to request
- Send a written request (no form/fee) to the USCIS office that approved the I-130 (or as directed by USCIS/NVC). Include:
- Beneficiary’s name, A-Number, I-130 receipt/approval;
- Death certificate of petitioner;
- Evidence supporting the discretionary factors;
- I-864 from the substitute sponsor with financial proof;
- Any 204(l) analysis explaining why reinstatement is needed.
Keep copies; responses can take time, and decisions are not appealable (a motion to reopen/reconsider may be possible in limited circumstances).
Practical tips
- Organize a clear cover letter and tabbed exhibits (family tree, equities, hardship).
- If your case is at NVC/consulate, notify them and pause scheduling until USCIS decides.
- Screen for inadmissibility (e.g., unlawful presence, criminal issues) and prepare waivers if needed.
Bottom line: With a strong equities package and a qualified substitute sponsor, humanitarian reinstatement can preserve your approved I-130 and keep your family’s path to residency on track despite the petitioner’s passing.
Dear Sir Madam,
I would like to know the status of The humanitarian reinstatement of I-130 petition.
My US citizen father field I-130 petition. for his married daughter in Dec 22,2015 and still case not approve
unfortunately he passed a way last year. But my US citizen brother and sister are living in the US
please advice to me how can i continue my case
apricate for your reply
Thanks
Arshia Banu Khan
Hello,
Greetings
I’m inquiring about my next step.
My father was principal applicant on our F4 petition, me and my mom were under same petition as derivatives.
Immigrant visa is approved and we have booked our flight for 30th November.
However, unfortunately my father passed away couple weeks ago and I’m in confusion about my next move.
Please advise me in such circumstances can my mom (widow) of principal applicant and me can still enter United States?
Please reply the above query.
Thank you very much
Chicago airport revoked my visa
Dear Veer,
I hope this message finds you in good health. I am reaching out to address a crucial matter concerning your immigration status following the unfortunate passing of your father. I understand this is a challenging time for you, and I extend my deepest sympathies for your loss.
As you have experienced firsthand with the recent revocation of your visa, the passing of your father directly impacts your petition status. In light of these circumstances, it is essential to initiate a Humanitarian Reinstatement process as soon as possible. This process is vital to reinstate the petition that was previously under your father’s sponsorship.
The urgency of this matter cannot be overstated. The sooner we start the Humanitarian Reinstatement process, the better your chances of a favorable outcome. My firm is prepared to assist you in navigating this complex procedure.
For handling your Humanitarian Reinstatement, our firm charges a fee of $3,500, with an initial down payment of $2,500 required to commence the process. This fee covers all the legal services necessary for the reinstatement, including the preparation and submission of required documents and any follow-up with immigration authorities.
If you wish to proceed with our services for the Humanitarian Reinstatement, please let me know at your earliest convenience. We are ready to provide you with the necessary support and guidance during this critical time.
Thank you for considering our firm for your legal needs. We are committed to assisting you through this process with the utmost diligence and care.
Dear Arshia:
I hope this message finds you in good health. I am reaching out to address a crucial matter concerning your immigration status following the unfortunate passing of your relative. I understand this is a challenging time for you, and I extend my deepest sympathies for your loss.
As you have experienced firsthand with the recent revocation of your visa, the passing of your father directly impacts your petition status. In light of these circumstances, it is essential to initiate a Humanitarian Reinstatement process as soon as possible. This process is vital to reinstate the petition that was previously under your father’s sponsorship.
The urgency of this matter cannot be overstated. The sooner we start the Humanitarian Reinstatement process, the better your chances of a favorable outcome. My firm is prepared to assist you in navigating this complex procedure.
For handling your Humanitarian Reinstatement, our firm charges a fee of $3,500, with an initial down payment of $2,500 required to commence the process. This fee covers all the legal services necessary for the reinstatement, including the preparation and submission of required documents and any follow-up with immigration authorities.
If you wish to proceed with our services for the Humanitarian Reinstatement, please let me know at your earliest convenience. We are ready to provide you with the necessary support and guidance during this critical time.
Thank you for considering our firm for your legal needs. We are committed to assisting you through this process with the utmost diligence and care.
Regards,
Brian D. Lerner
Attorney at Law
Revoked my visa and my mother visa
Us airport office’s withdrawal application
Hello,
Greetings
I’m inquiring about my next step.
My father was principal applicant on our F4 petition, me and my mom were under same petition as derivatives.
Immigrant visa is approved and we have booked our flight for 30th November.
However, unfortunately my father passed away couple weeks ago and I’m in confusion about my next move.
Please advise me in such circumstances can my mom (widow) of principal applicant and me can still enter United States?
Please reply the above query.
Thank you very much
The death of the principal applicant has taken place not a petitioner death
Dear Sir Madam,
I would like to know success rate and help for humanitarian reinstatement of I-130 petition.
My US citizen father field I-130 petition. for his married daughter in Dec 2010 who live in INDIA and the case was approved but unfortunately he passed a way last year. We have submitted the humanitarian reinstatement I-864 soon after my father’s death. But my US citizen sisters and mother are living in the US. We have received request for further evidence.
please advice to me how can i continue my case and how to reply to request.
I appreciate for your reply
Thanks
Kaj Patel
Hello:
Success rates are based on many factors, the most important on how it was prepared. If you did it yourself, the likelihood of success if far less. You can call my office on what it would take to properly do it. You can schedule the consultation at blerner.timetap.com.
A proper humanitarian reinstatement must be done or there will be years if ever waiting again.
Please contact us for a detailed discussion regarding our case
Thanks
Atif Tasneem
Cell 413-221-9232.
Good day How you can help me regarding Humanitarian reinstatement filling my only problem is the proof of relationship between my mother pettioner who is now passed away a year ago my substitute sponsor will be my sister a us citizen but the thing is they don’t have the proof of relationship copy of their Dna it was submitted to uscis immigration office thank for you kind reply for this matter do I have a chance of pursuing the the case it was under review at nvc office.
You can contact my office for a consultation on what it would take for my firm to prepare.
Hi sir,
My father was petitioner (file of year 2011) and he died on 2018. My mother have not any receipt (i-130) no. and lost all docements in flood in Texas. I received a letter for DSL forms and fees at Mumbai Consulate with case number and receipt number at India. Is it possible humitarian reinstament application without I-130 receipt no?
Please advvise So we can proceed the case with your help and consultancy.
I understand your situation regarding your father’s petition and the subsequent challenges. Here’s why a Humanitarian Reinstatement is necessary and what you need to consider:
1. Petitioner’s death: Since your father (the original petitioner) passed away in 2018, the I-130 petition he filed in 2011 was automatically revoked upon his death. This is why a Humanitarian Reinstatement is required to potentially continue the immigration process.
2. Missing documents: The loss of documents due to the flood in Texas complicates matters, but it’s not an insurmountable obstacle.
3. Existing case number: The fact that you received a letter from the Mumbai Consulate with a case number and receipt number is positive. This indicates that there is a record of your case in the system.
Regarding proceeding without the I-130 receipt number:
While having the I-130 receipt number is ideal, it may be possible to proceed with a Humanitarian Reinstatement application without it. The USCIS should be able to locate your case using other identifying information, such as the petitioner’s and beneficiary’s names, dates of birth, and the approximate filing date.
However, this process can be complex and requires careful handling. Here’s what you need to do:
1. Gather all available information related to the original petition.
2. Collect documents that support your case for Humanitarian Reinstatement.
3. Prepare a comprehensive explanation of your circumstances, including the loss of documents in the flood.
Given the complexities of your case – including the petitioner’s death, lost documents, and the need for Humanitarian Reinstatement – it’s crucial to seek professional legal assistance.
To proceed with your case and receive personalized guidance, please call our office to schedule a consultation. We can help you navigate this process, potentially locate missing information, and prepare a strong Humanitarian Reinstatement application.
To schedule your consultation, please contact our office at 562-495-0554.
Hi sir. Last month, the USCIS sent me a letter indicating that since the principal applicant, my father, passed away, I can request Humanitarian Reinstatement. The letter indicates that the I-130 petition was filed in 2004 and was approved in 2005. My father who passed away in 2017, filed I-130 for me pro se and without attorney. So, I do not have the I-130 approval notice. Do I need to file form I-824 to obtain a copy of lost I-130 approval notice or since the USCIS has the information, I do not need to file Form I-824? Also, I live abroad, and I have never been to the USA, but all my family members including siblings and mother liv in the USA. What is the processing time for Humanitarian Reinstatement?
Thanks Brian for your reply on November 23, 2024 at 7:44 pm.
Now We have copy of I-130 with File number and date. We obtained it through FOIA.
Please advise me. Is it work for Humanitarian Reinstatement case file?
Case Summary:
Petitioner file the case: May 2011
Case approved: Jan 2015
Receipt no: WAC1********
Copy of receipt Not available Lost in Harvey Hurricane in 2017 due to flood at home.
Petitioner Death: Feb 2018.
Case at NVC: Sept. 2024. (NAC at BOMBAY, INDIA)
But now its closed due to submission of death certificate of my father.
Brother & Mother are USA Citizen.
Thanks Brian for your reply on November 23, 2024 at 7:44 pm.
Now We have copy of I-130 with File number and date. We obtained it through FOIA.
Please advise me. Is it work for Humanitarian Reinstatement case file?
Case Summary:
Petitioner file the case: May 2011
Case approved: Jan 2015
Receipt no: WAC1********
Copy of receipt Not available Lost in Harvey Hurricane in 2017 due to flood at home but obtained recently through FOIA.
Petitioner Death: Feb 2018.
Case at NVC: Sept. 2024. (NAC at BOMBAY, INDIA)
But now its closed due to submission of death certificate of my father.
Brother & Mother are USA Citizen.
Please advise me fees and process requirement documents.
Thanks Brian for your reply on November 23, 2024 at 7:44 pm.
Now We have copy of I-130 with File number and date. We obtained it through FOIA.
Please advise me. Is it work for Humanitarian Reinstatement case file?
Case Summary:
Petitioner file the case: May 2011
Case approved: Jan 2015
Receipt no: WAC1********
Copy of receipt Not available Lost in Harvey Hurricane in 2017 due to flood at home.
Petitioner Death: Feb 2018.
Case at NVC: Sept. 2024. (NAC at BOMBAY, INDIA)
But now its closed due to submission of death certificate of my father.
Brother & Mother are USA Citizen.
I have sent you want you need for my firm to help. You will need to retain and pay my firm and we can prepare it.