Trusted Legal Help for Humanitarian Reinstatement Applications
If your immigration petition was approved but the petitioner has passed away, you may still have a chance to immigrate through humanitarian reinstatement. An immigration lawyer at Martinez Immigration can guide you through the complex process of restoring your immigration status and securing your future in the U.S.
Who may need an immigration attorney for Humanitarian Reinstatement?
An immigration lawyer can assist with:
- Filing a humanitarian reinstatement request with USCIS
- Proving that you have qualifying family relationships and financial support
- Overcoming legal challenges related to the death of the petitioner
- Handling requests for evidence (RFEs)
- Addressing issues with prior overstays, violations, or other complications
- Advising on Green Card eligibility after reinstatement
Not sure if you’re eligible?
An immigration lawyer can review your case and provide expert legal guidance.
Eligibility for Humanitarian Reinstatement
To qualify for humanitarian reinstatement, you must meet the following criteria:
- The Form I-130 (Petition for Alien Relative) was approved before the petitioner’s death.
- You have a substitute financial sponsor who meets the income requirements.
- You were residing in the U.S. at the time of the petitioner’s death (exceptions apply).
- Granting humanitarian reinstatement would serve a humanitarian purpose, such as family unity or hardship prevention.
- You are not otherwise inadmissible under U.S. immigration law.
How to Apply for a Humanitarian Visas Process
Submit a Formal Request
Prepare a detailed request to USCIS for humanitarian reinstatement.
Provide Supporting Evidence
Include proof of relationship, financial support, and humanitarian need.
Secure a Substitute Sponsor
A U.S. citizen or lawful permanent resident (LPR) relative must complete Form I-864 (Affidavit of Support).
USCIS Review
USCIS will assess the case based on humanitarian factors and legal eligibility.
Decision on Your Case
If approved, your immigration case will proceed as if the petitioner were still alive.
Humanitarian reinstatement is granted at the discretion of USCIS, so presenting a strong case is crucial. An immigration lawyer can help you gather the right evidence and structure your request.
Required Documentation
Death Certificate of the Petitioner
Proof of the petitioner’s passing.
Approved I-130 Petition
USCIS approval notice of the original petition.
Proof of Relationship
Marriage certificate, birth certificate, or adoption records.
Financial Support Documentation
Form I-864 from the substitute sponsor, along with tax returns and proof of income.
Proof of Humanitarian Need
Evidence of emotional, financial, or health-related hardship.
Proof of Residency (if applicable)
Evidence showing you were living in the U.S. at the time of the petitioner's death.
Common Challenges & Legal Solutions
Challenges
Solutions
Lack of a Qualified Substitute Sponsor
Without a qualified sponsor, the request may be denied.
An immigration lawyer can help identify a suitable sponsor and prepare supporting evidence.
Insufficient Evidence of Hardship
USCIS may deny reinstatement if the humanitarian need is not well-documented.
A lawyer can help compile evidence, such as medical records, financial statements, and expert testimonies.
Petitioner’s Death Before I-130 Approval
If the petitioner died before I-130 approval, you may not qualify for reinstatement.
An immigration lawyer can explore other immigration options, such as parole or humanitarian visas.
Inadmissibility Due to Past Violations
Prior overstays or visa violations may affect eligibility.
A lawyer can assess whether you qualify for a waiver or other legal relief.
Additional Resources
Frequently Asked Questions
What happens if I don’t have a substitute sponsor?
You must have a substitute sponsor to qualify for humanitarian reinstatement. A lawyer can help you find and prepare a sponsor.
Can I still apply if the petitioner died before I-130 was approved?
No, humanitarian reinstatement only applies to approved I-130 petitions. Other options may be available through parole or other humanitarian visas.
What factors does USCIS consider when deciding on humanitarian reinstatement?
USCIS considers the emotional, financial, and health-related impact on the applicant, as well as the humanitarian benefit of approval.
How long does humanitarian reinstatement take?
Processing times vary, but most cases are resolved within 6–12 months. Complex cases may take longer.
Can I include my spouse or children in my application?
Yes, if they were included in the original I-130 petition, they may also qualify for reinstatement.
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Get Legal Help from an Immigration Lawyer
Need expert legal help with your humanitarian reinstatement request? A trusted immigration lawyer at Martinez Immigration will guide you through the entire process.