Humanitarian reinstatement is a discretionary remedy that may allow the principal beneficiary of an approved Form I-130 (Petition for Alien Relative) to continue their immigration process even after the petitioner has passed away. This option exists only when USCIS approved the I-130 before the petitioner’s death.
Who Can Request Humanitarian reinstatement ?
You may request humanitarian reinstatement only if:
- You are the principal beneficiary of an approved I-130; and
- Your qualifying relative (the petitioner) died after USCIS approved the petition.
If the petitioner passed away before approval, humanitarian reinstatement is not available; however, you may qualify under INA 204(l) “surviving relatives relief,” which YA Law can also assess for you.
Derivative Beneficiaries
While derivative beneficiaries cannot file a request on their own, they can still benefit if USCIS reinstates the principal beneficiary’s petition.
Affidavit of Support Requirements
If an Affidavit of Support (Form I-864) was required for your original petition, the petitioner’s death does not remove that requirement.
You must obtain a substitute sponsor who must be:
- A U.S. citizen, U.S. national, or lawful permanent resident;
- At least 18 years old; and
- A qualifying relative (such as a spouse, parent, child, sibling, in-law, grandparent, grandchild, or legal guardian).
Discretionary Factors
Humanitarian reinstatement not automatic. USCIS weighs the positive and negative factors in your case, including:
- Hardship to family members in the United States (especially U.S. citizens and permanent residents)
- Your age or health conditions
- Your long-term residence or strong ties to the U.S.
- Limited ties to the home country
- Government delays or compelling personal circumstances
- Any evidence showing fairness and compassion support reinstatement
Does the Beneficiary Need to Be Inside the United States?
No.
A beneficiary does not need to be physically present in the United States to request humanitarian reinstatement.
- If the beneficiary is outside the U.S., consular processing can continue if USCIS reinstates the petition.
- If the beneficiary is inside the U.S., they may continue toward adjustment of status if they otherwise qualify.
YA Law regularly helps clients from Canada and abroad request humanitarian reinstatement .
Contact YA Law’s Experienced U.S. Immigration Team
If you believe you may qualify for humanitarian reinstatement on your family-based petition, our U.S. immigration legal team at YA Law Corporation is here to help. We provide compassionate, knowledgeable guidance on humanitarian reinstatement, 204(l) surviving relative relief, and all related family-based immigration matters.
Our U.S. immigration practice is conveniently located in Downtown Vancouver, BC, serving clients across Canada and internationally.
Contact us today to speak with an experienced U.S. immigration attorney and receive tailored advice for your situation.