- What is humanitarian reinstatement? You can request reinstatement when the person who sponsored your green card – called the Petitioner – dies after the government approves your petition but before they issue a visa/green card. There are 2 steps in the green card process when the beneficiary (the foreign relative) lives abroad. First, the petitioner submits a petition to USCIS (U.S. Citizenship and Immigration Services). If it is approved they then send the file to the NVC (National Visa Center), who holds it until a visa number will soon be available and the file can go to the embassy abroad for the interview. The NVC collects fees and forms for the embassy. If the petitioner passes away before the embassy issues the visa, the law states the petition must be revoked. This describes the situation with most of our clients. In some cases the spouse or children of the beneficiary can request reinstatement under a different law if the beneficiary dies.
- How do you apply for humanitarian reinstatement? There’s no form and no fee to request reinstatement when the petitioner dies. Instead, we put together a large package of information to send to USCIS in support of the request. This page explains what the government is looking for.
- How long does it take to process a request for humanitarian reinstatement? Unfortunately, it’s completely unpredictable. It often takes 2 years or more to get a decision. If the request is approved, you still have to go through the NVC/Department of State process and interview which will take months longer. These requests are not a priority for USCIS so you have to persuade them to expedite when there are compelling reasons.
- Where can I get more information regarding humanitarian reinstatement? Besides the above USCIS page, we provide more information on our website. Click here to read more.
- How do you write a humanitarian reinstatement letter? It takes much more than a letter to successfully request reinstatement. This is a discretionary request; it’s completely up to the government to be persuaded you have significant reasons for a positive decision. You need to provide evidence to support your request.
- What’s the time limit for a humanitarian reinstatement request? The good news is there is no time limit. It’s better to apply as soon as you can after the death, but we’ve had successful cases even though the petitioner passed away many years before. AND you can submit a request more than once, though we don’t recommend that. Sometimes clients send a request letter to USCIS without evidence, and normally USCIS will deny the request. We can send another request including evidence in support.
