Legal basis and purpose

Humanitarian Reinstatement — Preserving an I-130 After the Petitioner’s Death

Humanitarian reinstatement is a discretionary USCIS remedy that can preserve an already-approved Form I-130 when the petitioner dies before a visa is issued. It’s designed to prevent undue family hardship and to keep the beneficiary’s immigration path open. This applies when a petitioner’s death would otherwise end the process. Because USCIS applies this relief narrowly, a well-organized, evidence-rich request is essential.

Begin by confirming the approved I-130 and gathering core documents: the I-130 approval notice, the petitioner’s death certificate, the beneficiary’s passport and priority date, and any consular case numbers. Draft a concise cover letter that explains the timeline, why reinstatement is required, and the humanitarian reasons supporting the request. For example, severe economic or medical hardship to U.S. citizen relatives, loss of a primary caregiver, or urgent humanitarian circumstances.

Assemble relationship proof (marriage, birth, or adoption records) and corroborating evidence of hardship. This includes medical records, school or counseling reports for dependent children, tax returns, pay stubs, and affidavits from family members, community leaders, clergy, or employers. Include a clear table of contents and tabbed exhibits so adjudicators can quickly locate critical items. If documents are in another language, attach certified translations.

Follow USCIS filing guidance for humanitarian requests: label the packet, include a succinct index, and, when applicable, request a fee waiver using Form I-912 with supporting financial documentation. Respond promptly to any Request for Evidence (RFE) and track timelines closely, as processing times vary. Speed can be important to preserve consular interviews or adjustment opportunities.

If USCIS denies the request, explore alternatives with counsel. Options include motions to reopen, humanitarian parole, widow(er) relief where eligible, or other family-based options. Given the procedural nuances and evidentiary demands, working with an experienced immigration attorney significantly improves the chance. This could lead USCIS to exercise its discretion to reinstate the petition and keep the family’s immigration path viable.

Need help preparing a reinstatement packet? Contact us for a case review and document assembly.
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Humanitarian Reinstatement: what it is and who qualifies

Humanitarian reinstatement is a discretionary USCIS remedy that can preserve an approved Form I-130. It applies when the petitioner dies or an urgent humanitarian circumstance would otherwise end the immigrant’s path. However, USCIS grants reinstatement narrowly and only when strong humanitarian equities or family hardship justify reopening immigrant-visa processing. Therefore, a carefully organized request with persuasive evidence is essential.

Who may qualify

Immediate relatives (spouses, parents, unmarried children under 21) and certain preference beneficiaries whose approved I-130 would end because the petitioner died.
Beneficiaries who can show compelling humanitarian reasons — for example, loss of a primary caregiver, severe medical or financial hardship to U.S. citizen relatives, or urgent welfare concerns.
Timing matters: requests should be filed promptly once the petitioner’s death or the triggering event is known.

Key evidence to include

I-130 approval notice and any consular case number or priority date documentation.
Petitioner’s death certificate (or other proof of death) and identity records.
Relationship proof: birth, marriage, or adoption certificates tying the beneficiary to the petitioner.
Hardship proof: medical records, school IEPs, tax returns, pay stubs, affidavits from relatives/experts, and statements showing the claimant’s dependence on the petitioner.
Supporting declarations: sworn affidavits from family, clergy, employers, or treating professionals.
Organize exhibits with a clear table of contents and use certified translations for documents not in English.

How to file (step-by-step)

Confirm the approved I-130 and collect the I-130 approval notice and beneficiary priority date.
Draft a concise cover letter explaining the timeline, the humanitarian reasons, and the relief requested (reinstatement of the I-130).
Assemble an indexed exhibit binder (or a labeled PDF) with the evidence checklist above.
Submit the packet to the USCIS office specified in current guidance (check USCIS instructions for the correct intake point).
If eligible, include Form I-912 and fee-waiver evidence; otherwise, include filing fees as required.
Respond quickly to any RFE; preserve deadlines for consular interviews or adjustment filings.

Timing & outcomes

Processing times vary. USCIS may approve reinstatement, request more evidence, or deny the request. If reinstated, USCIS will generally allow the immigrant-visa or adjustment process to proceed. If denied, other options (motions, parole, or alternate family filings) should be explored.

Alternatives & related remedies

INA §204(l) (automatic conversion for certain cases) — check whether it applies before filing reinstatement.
Humanitarian parole, waiver strategies, or filing a new family petition if reinstatement is unavailable.

FAQs

Q: Does a reinstatement request guarantee visa issuance?
A: No. Reinstatement preserves the petition so processing can continue, but the beneficiary must still meet visa/adjustment eligibility.

Q: How long do I have to file after the petitioner dies?
A: File as soon as possible — delays weaken the humanitarian argument. There’s no fixed statutory window; timeliness is persuasive.

Q: Should I hire an attorney?
A: Yes. The evidence must be persuasive and procedural rules exact; experienced counsel improves the chance USCIS will exercise discretion favorably.

How we help

We review the I-130 packet, draft a persuasive cover letter and declarations, organize exhibits, prepare fee-waiver requests if applicable, and track RFEs and consular timelines. Contact us to schedule a case review and get a prioritized exhibit checklist.