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 A lot of beneficiaries of a US immigration petition find themselves surprised that the petition for them is no longer valid once the petitioner dies.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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what if my the case is the benefeciary found out that the petitioner w/c is the wife , was cheating on her , then the husband got major depression, lost the job, then they got separated and is going to be divorced soon. The question is, what should the husband do? or what’s gonna happen?
Hi Jon, a family-based petition of a US citizen or legal permanent resident spouse works by filing a petition for the wife/husband living in a foreign country. If a pending application is withdrawn, the petition ends instantly. This leaves the beneficiary with no chance of going to the US through the spouse. It is still recommended to seek the help of an immigration lawyer for legal advice.
My aunt is a beneficiary.Her petitioner who is her father died last January 16, 2010 while she was medical examination. She was delayed because she has to go for a treatment- Direct Observed Therapy (DOT).Her visa was already paid and she has already an appointment for interview. She just was delayed because of the DOT for 3 months. What will happen to her petition? Is she covered with the Humanitarian Reinstatement? What will she do?
Our petition is an F3 category. My father, my mother and my 2 siblings who are under 21 years of age immigrated already to the US. I was left alone here in the Philippines because I am already 23 years of age. What will happen to my case? Am I granted with the Humanitarian Reinstatement? How long will it take for me to follow them in the US? Cam I go to the US temporarily as a tourist while waiting for my petition?
I’ve been reading a lot of stories about the petitioner dying and the beneficiaries qualifying for humanitarian reinstatement. But I hardly see any information about the beneficiary dying. In my case, my son (beneficiary) died. His petition has been approved. What will happen to his family. Can I write a letter of humanitarian reinstatement so his family can come here? I look forward to reading your replies.
My husband was petitioned by his mother (F3) category way back in 1994. However in 2005 she passed away. We made a humanitarian appeal but is was denied. Will we still be able to reverse that decision?
how long will it take for the USCIS to process an application for HR?
Raden
grace: how long did you wait for the reply of your HR application? we have the same timelime and case..thanks
My family was petitioned by my veteran grandfather in 1993, unfortunately he died in 2006. I married a US citizen and now my mom received a letter last month from USCIS regarding the F3 petition for the choice of agent. Can I be a substitute sponsor for my family?
My mother’s priority date is April 1992 and became current just this year.My grandfather died 2 years ago.My Mother applied for humanitarian reinstatement this year,and sadly ,we received the unfavorable decision from USCIS regarding her application exactly on her birthday, 04 Nov. 2010. We feel sad for our 62 yr old mother knowing her earnest desire to reunite with her 10 brothers and sisters in the U.S. Although it was stated in the notice by the USCIS that there is NO APPEAL on the decision, is there any other way to ascertain her case, like consulting it to the BIA or immigration court?
How long it would take for Humanitarian Reinstatement by USCIS to process whether it is approved or denied?
How long it would take for the Humanitarian Reinstatement in USCIS to process?
I have a I-130 approved petition before my father(petitioner) died in the year 2000. Based on the above (emails), probability of REINSTATEMENT of revoked I-130 is not sure. In this connection, can the U.S. Immigration consider to give a Visitor’s or Tourist visa to the DENIED applicant?
Me and my brother have an approved petition from our father, our priority date is Nov. 2000, we lost our mom when we were kids so our dad is all we have left. Unfortunately, our father died a couple of months ago, and we have been waiting for that petition for 10 years, we both didn’t get married or have families because of that petition, what’s more devastating is that the petition came two weeks after our father was laid to rest. The only relatives we have in US are our cousins and 1 uncle and 1 aunt. Can we still file for a humanitarian revalidation?
my uncle petioned his sons & daughters
10 yrs ago and the petition was approved. sometimes in 2005 my uncle died and the visa approval were released on sept. 2010. the beneficiaries are not in the u.s. can they apply for humanitarian revalidation?. also they only have me
as their first cousin to act as a substitute sponsor. can i be such?. pls reply back..
hi, my mom U.S citizen presently is in yigo guam. the u.s immigration was given a form i-130, and form i-864 to her.. now the form i-130 was already filed attached w/ a letter coming from the benificiary.. is it just right to file w/ the attatched letter? (letter stating that my mom will be my substitute sponsor..)or would it be suppose to be the letter coming directly from me? please advise me what to do…God bless..
My brother(beneficiary)has been scheduled for visa interview on June 23, 2011. Unfortunately our father (petitioner) passed away on April 23, 2011. My question is is it better to file for a HR before he goes for the interview or it is better for him to go to the interview and see what the American consul say?
Dreamer 45
My dad filed petition for my brother and was approved and my dad passed away in Nov. 2010 and before that we paid visa and affidavit supoort fees. we filed
humanatarian appeal and it was denied by INS.. What we can do now in this situation ??? >>
Hi….. Just for few questions, how long will be the revalidation of my mother’s immigrant visa petition? How long will it take before she will immigrate to US? We took 19 years for the petition to be current. Until the petitioner died this march 2011. There would be a reinstatement process, but i want to know how long it will take?? Pls kindly response. Thank u…
my father was die but he was file a petition in dec 1991 so it was moved to 1992 dec. my sister is a substitute sponsor how can it be approved by humanitarian reinstatement. can it aprroved please answer this
I was petitioned last July 2003 as F1 then upgrade to F2 because my parents was granted US Citizenship. May 2008 I got married and my mother (my petitioner) informed the USCIS that I got married, now my petition is under F3 (married daughter) however these days my mother is ill. She was diagnos with cancer while my father is under dialysis. My concern is that there time is limited, is there any other way that my F3 petition will be expedite?
My immigrant father petitioned my widowed eldest sister with kids year 2000 and my father just died 3 weeks ago, what will happen to my sister’s petition she was left in the phils bec she waa married before all of us her family are here in US and we are all US citiznes she applied a US tourist visa last feb 2011 because of my father health condition but she was denied and now we want to file humanitarian reinstatement will this be possible and how to file ?
My father petitioned us in 1992 and our priority date was finally reached and came out last year in January, 2010 my father paid for my visa and affidavit of support but due to some errors made in our dox we were not able to send immediately our accomplished ds 230 until my dad died in June 1, 2011. What will we do next now. NVC had send back our accomplished ds 230…
Our Father petitioned us in 1992. the priority date came in January 2010. We accomplished the ds 230 and my father paid for our visa three of us together with our family, F3 category. We submitted our accomplished ds 230 in May due to some clerical errors in our some of the required birth certificates of the other members of the family. Our dad died in June 1, 2011. Our papers were withdrawn and revoked. Do we still other option ti reactivate our petitions/ Most of our siblings are in the Us and I have a sick child whom I would like to be treated in the US. What can we do. pleas. thanks
I tried to get in touch wit USCIS thru the suggested address indicated at the homepage, with the intention to inquire on what to do next regarding our withdrawn papers from the NVC,my email bounced back. My siblings had already paid our visa fee and affidavit of support. Our priority date is FEB 1992, but our petitioner died in June 1, 2011, . what should we do next?
I was petitioned by my u.s. citizen father in 1992. Unfortunately on Feb. 1996 my father passes away. Years passes and on May, 2010 I received a letter attach a form “Choice of address and Agent” coming from National Visa Center to be filled-up return to them. Until now the form is still with me, thinking that my petitioned is hopeless, until I decide to look for 2nd. time if their is still a chance to apply a “humanitarian reinstatement” in my case. First, am I covered in this humanitarian reinstatement? If I apply, is my case consider to be strong to be given approval?I have relatives up to 2nd degree cousins residing in U.S. they are almost U.S. citizens,I do not have immediate relatives that I know. what will be my chances of my case.
If beneficiary dies than all derivative beneficiaries become automatically loosers
Regarding to “humanitarian reinstatement of I-130″ ,does this apply for beneficiaries that are not living in USA?
Quick answer please!!
it will take 3-10 months if u will apply for humanitarian reinstatement…if you have a substitute sponsor who is your relative then apply for HR…we applied for
HR last year and we(4 of us) received a favorable response….
HI RED731, I HAVE THE SAME CASE AS MENTIONED ABOVE. MY MOTHER WAS THE MAIN PETITIONER FOR MY TWO SIBLINGS BACK HOME. I AM A US CITIZEN AND RECENTLY FILED FOR REINSTATEMENT AND NOW WAITING FOR NVC ANSWER. I WOULD LIKE TO ASK YOU WHAT WAS YOUR REASON AND HAVE YOU GOTTEN YOUR VISAS YET? THANKS IN ADVANCE.
Hello,
my father filed the petition for my elder brother in 2007 and it approved but unfortunately my father passed away last year now his case is in pending and revoked automatically after my father death.now i want to submit humanitarian reinstatement for his case but the is problem that i dont have good anual income to be eligible for substitute sponsor and i have two cousin here in us and they have good anually income to give the affidivite of support for his case.my question is that is it possible to submit thier affidivite of support.please reply me as soon as it possible thanks now and forever
(i reposted because i put a wrong email add) My three brothers were petitioned by my US citizen father. All of them were approved, but while they were doing all the papers, my father passed away. We did not have any immediate relatives that can support them there. Is there a possibility that they can go there and in what way? Thanks. God bless
its so frustrating that waiting for those long yrs. hoping for nothing-since 1993-coz our veteran father had passed away last aug.2009-yet i strived hard,spent a lot of money just to be able to come here as a visitor to be with my twin sister and grandson-will stay for 6 months and will come back maybe a yr or two until my visa expire for ten yrs-when in fact supposedly our petition was approved and my twin sister is willing to replace my father-and will support me so i can stay with them-because im alone in our hometown-and far from my brothers and sisters-and applying for humanitarian revalidation-i’ve been watching and had read so many article bout this-chances-from Pres.Obama-and im here already in Las Vegas Nevada-hoping i could stay here ,i even wrote Mr.president,pleading to grant my request but no reply-how much money do we need to spend-again and again-coming here every year for 10 yrs.-fees for the lawyers-what a pity for those siblings of those veterans who fought for us-yet no chance-no money -how can we able to acquire this privilige our hope and dreams
@ sheeza: NVC is not the proper agency to file for HR,but you must inform NVC that the original petitioner died once the petition becomes current,attached a copy of the original petitioner’s death certificate to save time(once you inform NVC about the death of the original petitioner they will ask you to submit it),once NVC received the original petitioner’s death certificate then NVC will return the said petition to USCIS,then you can request for HR to USCIS…we requested for HR with out hiring an immigration lawyer and we got a favorable response( me and my 3 brothers)…in fact 2 of my brothers are already in the US now and i will be having my interview this coming january 30, 2011 and another brother is already documentarily qualified and waiting for his interview schedule….
* january 30 ,2012
HI RED731,
THANKS FOR YOUR ANSWER I WAS WAITING FOR YOUR RESPONSE BADLY. WELL I HIRED A LAWYER AND PROVIDED HIM WITH AFFIDAVIT OF SUPPORT ALREADY AND ALL THE NECESSARILY DOCS. I THINK HE FILED WITH THE PROPER DEPARTMENT EITHER WITH NVC OR USCIS. I DONT KNOW ABOUT THAT. ITS BEEN A MONTH ALREADY AND WE HAVE NOT RECEIVED ANYTHING YET. I HAVE A QUESTION TO YOU WHO WAS YOUR SUBSTITUTE SPONSOROR AND HOW LONG DID USCIS TOOK TO ANSWER YOU BACK? WHAT WAS YOUR REASON FOR HR? IN MY CASE MY HUSBAND AND I ARE THE SUBSTITUTE SPONSORORS. TELL ME MORE ABOUT YOUR CASE. I AM VERY ANXIOUS ABOUT MY SIBLINGS’ CASE. THANKS IN ADVANCE AND GOOD LUCK IN YOUR INTERVIEW. DO NOT FORGET TO UPDATE ABOUT YOUR INTERVIEW. I WILL PRAY FOR YOU.
@ sheeza: my eldest brother is our substitute sponsor who is a US citizen….we requested for hr at the same time last august 2010,2 of my brother’s hr were approved on december 2010 and me and another brother were approved only last june of 2011…so all in all UCIs will grant the approval or denial in 3 months to a year….in fact my letter is very simple ,but i provided them with complete documents…i think if you said that you already hired a lawyer,the lawyer knows what he will do…how much is the lawyer’s fee?i will update you in my interview…but my 2 brothers’ interview went well,i hope mine as well,hoping for the best…thanks for the prayers…
HI RED731,
MY LAWYER CHARGED ME $2500 IN TOTAL. AND ALL THE PAPERS ARE FILED AND DONE WITH. LETS HOPE FOR THE BEST FOR MY SIBLINGS TOO. I NEVER ASKED YOU WHO WAS YOUR MAIN PETITIONER. IN MY CASE, MY MOM WAS THE MAIN PETITIONER. WELL I HAVE TO SAY YOUR BROTHER IS A VERY GOOD MAN WHO PROVIDED YOU WITH A AFFIDAVIT OF SUPPORT. MY HUSBAND GAVE HIS AFFIDAVIT OF SUPPORT ON BEHALF OF MY MOM. WELL I WILL KEEP CHECKING THIS WEB TO SEE YOUR INTERVIEW RESULT. GOOD LUCK AGAIN!
@ sheeza: my late father was our original petitioner…goodluck to your siblings’HR too,hope it will be granted..in what category are your siblings being petitioned?before you migrate to the USA what country are you from?