Humanitarian Reinstatement of I-130 Petitions

Though we always think that once a petition has been filed for us by our relatives in the US, there are only very minor roadblocks we can expect along the way. This is the case most especially if the petition has been checked for accurateness and veracity and has been forwarded to the National Visa Center waiting for priority date. Nothing else should worry us and we can just go on living while the priority date becomes current. Or so we think.

Unfortunately, there are many cases wherein the petitioner dies before or even after the petition has been approved. This is due to the fact that US immigration process has a huge backlog in some foreign countries that it takes several years before a visa becomes available for an applicant. The US immigration law regulations put the petition automatically revoked during these cases. A lot of beneficiaries of a US immigration petition find themselves surprised that the petition for them is no longer valid once the petitioner dies.

For some time, many thought this situation was a dead end and that there is no chance they can acquire any immigration benefits. However, there is a way to appeal for the revival of the petition and this is called the “Request for Humanitarian Reinstatement” or also called “Request for Humanitarian Revalidation”. Humanitarian Reinstatement was made available to cover these kinds of situations.

For a Humanitarian Reinstatement to be applicable to a certain case, the petition must have been approved before the death of relative petitioner. The first thing that the beneficiary must arrange is to have a substitute sponsor who may file for an affidavit of support. This should be someone who can establish the means to maintain an annual income amount equal to at least 125 percent of the Federal Poverty line.

The qualified substitute sponsor should be at least 18 years or age and has a domicile in the US. This includes the spouse, parent, mother-in-law, father-in-law, sibling, child (if at least 18 years of age), son, daughter, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, grandchild of a sponsored alien or a legal guardian of a sponsored alien.

In evaluating requests of Humanitarian Reinstatements, here are some of the factors being considered:

1. Disruption of an established family unit
2. Hardship to US citizens or lawful permanent residents
3. If beneficiary is elderly or in poor health
4. If beneficiary has had lengthy residence in the United States
5. If beneficiary has no home to go to
6. Undue delay by DHS or consular officer in processing petition and visa
7. If beneficiary has strong family ties in the United States.

The Attorney General has the discretion to decide if a valid humanitarian reason does not warrant for the revocation of the petition.

For cases such as this, the primary beneficiary of the petition should check with an immigration lawyer if his/her case can be covered by the Humanitarian Reinstatement. The immigration lawyer should be able to evaluate the beneficiary’s case to determine if he/she can indeed file for such request.

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68 comments to Humanitarian Reinstatement of I-130 Petitions

  • I was wondering if you could help me draft request for hr

  • casper

    hey..my aunt(mom’s sister) had petitioned for us in 1992..and it was approved in2002..but by then she had expired..and we never looked into it later as they said there was no chance of getting it. i just saw this humanitarian reinstatement..can somebody please tell me if there is any chance for me to get my petition approved? my uncle that is aunt’s husband is in the us..can he be of any help for me in this case? please help me

  • hi anyone…about HR, MY common law husband and daughter have already priority no.approved on March 1997.On May 2006 they receive a letter from NVC steps on the the processing of their petition.We follow the steps and made a payment for affidavit of support because that was been asking for.Now the petitioner died on July while my husband and daughter were waiting for a visa because they already paid for it.The lawyer advised my husband to file HR but it turned down.The reason is the father or my husband is still alive and must continue to file as the petitioner. Now my Father in law is the petitioner of my Husband and daughter. My question is, Is there a chance to re validate HR regarding the case of my common law husband and daughter.It was so depressing that they were near to finish the processing and suddenly the petitioner died.

  • I would like to ask if you could give me samples of a format for HR.

  • Wilfred P. Alfeche

    Hi! in our case my grandfather died 4 years ago in the US while waiting for the petition he filed for us.. and only his brother and sister are there now in the US because my grandmother is already old and visually impaired so she needed to stay in the Philippines.. my grandfather’s brothers and sisters continue the petition he filed for us??? and become the sponsors in our case? can they file the humanitarian reinstatement for us???

  • ThePatientOne

    Hi! We applied HR for our I-130 petition last april 2012 and they said that current HR processing time is 18-24 months. Our substitute sponsor is our biological mother. How about you guys? How long did you wait before you get a response from the uscis?

  • Kaye Lamberg

    Hi! I want to know the full requirements (papers, payments, etc) to file the HR??

  • if the beneficiary die after the visa was aproved by the NVC can his wife and son still go to the USA??

  • GEORGE TO FRANK

    OUTSIDE OF THE US.

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    As beneficiaries of a dead petitioner, Did all of you receive a letter from USCIS regarding HR application? Did you follow the instructions that all you need is to write a letter and you will include the documents to support it? If you receive the HR letter what is the processing time there that was mentioned? You know what you are always asking questions and it is stupid to answer that if you haven’t receive an HR letter from USCIS?

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    wilfred, your dead grandfather petitioned for you or was it your father or your mother that he petitioned and you are the derivative? A spouse, parent, mother-in-law, father-in-law, sibling, child at least 18 years of age, son, daughter, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, or grandchild of the beneficiary may qualify as a substitute sponsor.

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    just answer my questions above and we will start from there?

  • Lisa

    HI ReD731

    i would just like to ask on what did you put in your HR letter since im doing it all by myself and i cant afford to get imirgartion lawyer that charges 2500 USD thats ridiculous so im wondering if you can give me some advice re HR my mom is my main petioner and she died may 2004 i also paid all the fees in NVC now my case is send back to USCIS

  • Rosie Rose

    What is the processing time for I130 application for father son? my father filed for my bro 2005,application approved he later passed away in 2008.My eldest bro did the co sponsor and in the process of doing the HR letter..is there a format for this letter?

  • Azra Malik

    can you provide samples of format for HR? Pus When is the right time to apply for HR? Someone told me it will be done when the approved I-130 priority date get current ?

  • hello, i have a pending approved family based petion F3 w/ priority date july, 1993 and now just recently the uscis calif svc ctr inform me that my request for HR was denied and revoke for i do not know whats the reason inspite that i submitted and complied all the necessary supporting documents they requested; now sir is there anymore way or chance for revalidation of my case by the uscis office? Thank you for the reply soon.

  • Rodolfo C. Aragon

    I haven’t received a letter yet from the US-CIS informing me that my HR case has been denied, and it has been more than 24 months already, does this mean that my HR case is hopeless? I am still waiting as of this writing for the US-CIS response if my case has already been denied.

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