NOTE: This post is about “traditional” reinstatement for non-spouses who live outside the U.S. There are different rules for spouses, and family members who live in the U.S. Here are some Frequently Asked Questions (FAQs). Learn more at our website.
What is humanitarian reinstatement? If your petitioner dies AFTER USCIS approves your green card petition (I-130), but before your interview abroad, the law mandates that your petition is revoked or terminated. Sometimes clients think they can persuade the officer at the interview to approve it anyway. The officer CAN’T. So the sooner you inform the NVC or embassy/consulate that your petitioner passed away, the sooner the process can start. Humanitarian reinstatement occurs when USCIS agrees to let you continue your application with a different relative as your sponsor.
How do you apply for humanitarian reinstatement? You send the request to USCIS – to the service center that approved the original petition. You’ll find the service center on the approval notice. There’s no form and no fee but there is certain information that needs to be included. The most important are an Affidavit of Support Form I-864 from a qualifying relative, and statements and evidence to explain why you think reinstatement should be approved. It’s especially helpful to show hardship to your U.S. relatives. It’s not enough to say you always wanted to immigrate to the U.S. and still want to because you miss your family there.
As USCIS says when they deny a request: “Although the 1-130 visa petitions deal with family-based immigration and family reunification is the end result, Congress did not intend for all cases to be reinstated for the purpose of family unity. If they did, they would have required that all of these petitions be reinstated. Consequently, although “family reunification” is inherent to family-based immigration, discretion must still be exercised in determining which cases will be reinstated. ”
How long does it take to process humanitarian reinstatement? Unfortunately reinstatement requests are not a priority for USCIS and they take a long time to consider. Since the pandemic, 2 years is usually the minimum time for a decision. Then, if it’s approved, the case returns to the NVC and the embassy for further processing.
Where can I ask a question regarding humanitarian reinstatement? We are experienced in preparing reinstatement requests. The first step is to schedule an initial consultation. We ask you to complete a questionnaire with information about your case, and will then answer your questions and give you an opinion on the strength of your case, and what will be needed. You can get basic information on our website
How do you write a humanitarian reinstatement letter? It takes more than a letter; include evidence to show hardships (see above). We’ve had clients who sent a letter to USCIS, were denied, and we then helped them submit all that was needed.
What happens when a humanitarian reinstatement was not submitted in time? Great question! The good news is there’s no time limit to request reinstatement. It’s best to request it as soon as possible. But it’s better to submit a request with good supporting evidence even if that takes time to gather.
