Losing a loved one is already painful, and when that loss disrupts your immigration process, the stress can feel overwhelming. If your petitioner has passed away, you may still have a path forward through Humanitarian Reinstatement in Texas. This process allows you to keep your I-130 family petition active even after the death of the sponsor. At California Immigration, we understand how sensitive this step is, and we’re here to guide you through the documents and process needed to succeed.
What Is Humanitarian Reinstatement?
When a petitioner passes away, the I-130 petition is normally revoked. This can be devastating, especially if you’ve already waited many years for your case. However, the U.S. Citizenship and Immigration Services (USCIS) offers humanitarian reinstatement. It allows certain beneficiaries to move forward with their green card process, provided you can show strong humanitarian reasons and meet eligibility requirements.
If approved, your petition continues instead of starting over. This means you don’t lose the years of waiting already invested. For many families, this is the only realistic way to complete their journey toward lawful permanent residence.
Why Humanitarian Reinstatement in Texas Matters
Texas is home to thousands of immigrant families, many of whom rely on family petitions for reunification. Without reinstatement, all the time spent waiting in long visa lines could disappear. Some categories, like the fourth preference, can take 20 to 25 years to become current. Imagine losing that chance in the final year because of your petitioner’s death.
By applying for Humanitarian Reinstatement in Texas, you keep your case alive and protect your place in the line. This is why acting quickly and preparing the right documents matters.
Key Documents You’ll Need
The humanitarian reinstatement process doesn’t come with an official USCIS form. Instead, it is a request package that includes supporting evidence. Below is a checklist of documents you should gather:
- Cover Letter or Request Letter
A formal letter to USCIS explaining your request. This outlines your situation, your humanitarian reasons, and why reinstatement should be granted. - Death Certificate of the Petitioner
You must provide official proof that the original petitioner has passed away. - Approved I-130 Notice
Include the I-797 Approval Notice that shows the original petition was approved before the petitioner’s death. - Humanitarian Evidence
This can include:- Hardship details for you and your family.
- Medical records showing health issues.
- Proof of strong family ties in the U.S.
- Community support or letters from local leaders.
- Hardship details for you and your family.
- Affidavits and Declarations
Signed statements from family members, friends, or community members can help show why your case deserves approval. - Substitute Sponsor Documents
USCIS requires a financial sponsor to step in after the petitioner’s death. You need:- A new Form I-864 Affidavit of Support.
- Proof of income such as tax returns, W-2s, or pay stubs.
- Evidence of the family relationship with the new sponsor.
- A new Form I-864 Affidavit of Support.
- Beneficiary Evidence
Include identification, relationship proof (like birth or marriage certificates), and anything showing your continued eligibility. - Additional Supporting Materials
Every case is unique. You may need to add community letters, proof of contributions to society, or other evidence that strengthens your request.
The Role of an Immigration Lawyer in Texas
Putting together a reinstatement request is not easy. Each USCIS officer evaluates the case differently, and there are no guarantees. This is why many families turn to an immigration lawyer in Texas for help. An attorney can:
- Draft a strong, persuasive cover letter.
- Organize your evidence in a clear, logical way.
- Ensure your substitute sponsor meets all requirements.
- Advise you on possible waivers or additional steps if you’re outside the U.S.
A lawyer’s guidance saves you from mistakes that could delay or harm your case.
The Humanitarian Reinstatement Process
Here’s what usually happens when you apply:
- Consultation and Case Review
You meet with your attorney, review your petition, and identify the humanitarian reasons to highlight. - Document Collection
You gather the evidence listed in the checklist above. Strong documentation makes your case more compelling. - Drafting the Request
Your attorney writes the reinstatement request, attaching affidavits, letters, and supporting documents. - Submission to USCIS
The request is sent to the USCIS office that approved the original I-130. - Waiting for a Decision
It can take six months to a year for USCIS to respond. During this time, you may receive requests for additional evidence. - Next Steps After Approval
If reinstated, your case continues as if the petitioner were still alive. You can then proceed with consular processing or adjustment of status.
Working with California Immigration ensures that your request is professional, complete, and persuasive.
Common Challenges Applicants Face
While the process is straightforward on paper, many Humanitarian Reinstatement in Texas face challenges:
- Lack of Clear Humanitarian Reasons: You must show compelling hardship or strong community/family ties.
- Weak Substitute Sponsor: Without a financially stable sponsor, USCIS may deny your request.
- Incomplete Evidence: Missing or unorganized documents hurt your case.
- Emotional Stress: Navigating this process after losing a loved one is emotionally draining.
An immigration lawyer in Texas helps you avoid these pitfalls by ensuring your case is solid before submission.
Practical Tips for Success
If you’re considering Humanitarian Reinstatement in Texas, here are some simple steps to improve your chances:
- Start Early: Don’t delay after your petitioner’s passing. The faster you act, the stronger your case looks.
- Stay Organized: Keep a folder of all documents, receipts, and correspondence.
- Communicate Clearly: Be honest about your situation and goals with your lawyer.
- Gather Community Support: Letters from pastors, employers, or neighbors can strengthen your case.
- Follow Up: Check in with your attorney regularly for updates on your case.
Why Professional Help Makes a Difference
Some families try to file these requests on their own. While that’s possible, the reality is that each reinstatement case is unique. USCIS officers have broad discretion, and a weak request can result in denial. An experienced immigration lawyer in Texas knows how to present your case in the best possible light.
At California Immigration, we’ve helped many families in situations just like yours. We understand the legal requirements and the emotional weight of this process. Our team works with compassion and precision to give you the strongest chance at success.

Final Thoughts
Humanitarian Reinstatement in Texas gives families hope when they face the loss of a petitioner. With the right documents and careful preparation, you can keep your petition alive and continue your path to lawful permanent residence. The process takes time and effort, but with professional guidance, it is possible.If you need help with your reinstatement case, don’t face it alone. Trust the experienced team at California Immigration to guide you every step of the way with compassion, skill, and dedication.




