Humanitarian Reinstatement Lawyer

If the worst happens and the family member who sponsored your humanitarian visa has passed on, USCIS may automatically revoke your petition. In the event of a petitioner’s death, you need someone to help you establish your case and remain in the United States for the full term outlined in your humanitarian parole’s conditions. That’s where Martinez Immigration comes in. 

If you have an urgent humanitarian need, book a virtual consultation with us today.

Handling the Death of Petitioner

Upon notification of the death of your petitioner, USCIS moves quickly. Those without the supporting documentation can find themselves shuttled back to the exact circumstances they were fleeing. However, the Attorney General may, at their discretion, reinstate the approval of your family-based visa. Unlike the revocation of your humanitarian parole, this is not an automatic process and requires that the person clearly demonstrate their need for relief.

Understanding Humanitarian Reinstatement

This process allows an individual to proceed with an I-130 petition, even if the original petitioner has passed away. This procedure prevents undue hardship to the beneficiary, especially when returning to their home country may pose severe difficulties or dangers. However, your attorney must make a solid case to demonstrate the need for relief.

The Process of Humanitarian Reinstatement

Here are the main steps involved in the humanitarian reinstatement process.

1. Initial Consultation and Case Evaluation

During the initial consultation, our team will thoroughly review your case and the circumstances surrounding the petitioner’s death. Our comprehensive evaluation helps determine your unique situation’s potential for success and a suitable course of action.

If you have an urgent humanitarian need, book a virtual consultation with us today.

2. Gathering Documentation and Evidence

We help you identify the documentation need. Here are some examples:

  • Proof of the petitioner’s death (Death Certificate)
  • Evidence of the beneficiary’s relationship to the deceased petitioner (Birth certificates, Marriage certificates)
  • Proof of the beneficiary’s lawful presence in the United States (Visa, Passport)
  • Evidence demonstrating extreme hardship if the beneficiary were to return to the home country (Medical records, Employment records)
  • Documentation showing the substitute sponsor’s ability to financially support the beneficiary (Tax returns, Employment verification)

3. Filing the Humanitarian Reinstatement Petition

We then file the I-130 humanitarian reinstatement petition with the USCIS. This petition must be well-argued and meticulously researched to demonstrate that the beneficiary’s case is extraordinary and worthy of further consideration.

4. Responding to USCIS Requests and Inquiries

USCIS may contact you to request additional information. Missteps can significantly delay your case’s review and approval. Our experienced team will help guide you through these requests so that your response is timely and accurate.

Book your virtual consultation with our immigration experts today.

Importance of Humanitarian Reinstatement Lawyers

Immigration law is incredibly complex. Additionally, lawful presence in America is treated as a privilege, not a right. Consequently, people who hire an experienced immigration attorney generally see better outcomes. 

Leverage our immigration law services to build a solid case and ensure timely resolution.

This complex process involves collecting and organizing supporting documentation, finding a substitute sponsor if necessary, and writing a formal request for humanitarian reinstatement.

We can start immediately to help you find the peace of mind you need in this trying time. Schedule a virtual consultation to see how we can help!

We got you covered!

No Matter What your immigration needs or questions are…

We take great pride in providing immigration services to our clients. Our mission to reunite families drives us to succeed.

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