The humanitarian reinstatement of I-130 petition

H-4 visa

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.

Humanitarian Reinstatement LA Attorney

Humanitarian Reinstatement LA Attorney

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.

Humanitarian Reinstatement LA Attorney

Humanitarian Reinstatement LA Attorney

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.

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13 thoughts on “The humanitarian reinstatement of I-130 petition”

  1. 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

  2. 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

  3. 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.

  4. 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

  5. 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

  6. 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

  7. 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.

  8. Please contact us for a detailed discussion regarding our case
    Thanks
    Atif Tasneem
    Cell 413-221-9232.

  9. 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.

  10. 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.

  11. 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.

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