Humanitarian Reinstatement (Deceased Petitioners)

Humanitarian reinstatement is a form of discretionary relief that may be requested from USCIS in cases where the petitioner for an approved family based petition has died.   Humanitarian reinstatement allows the beneficiary of the petition to request that the approval of the petition be reinstated and the petition itself processed despite the death of the petitioner.  “Approval” means that USCIS accepted the petition for processing, which involves an approval notice being issued by USCIS.

As a general matter, to request humanitarian reinstatement an immigrant must show that he is the principal beneficiary of an approved family based petition, and that the petitioner has died.  Further, because this form of relief is discretionary, the beneficiary must convince USCIS to grant the request.  This can be accomplished by including evidence of hardship the petitioner is suffering and will suffer if the request is denied. Additionally, the petitioner should include evidence establishing that he is a person of good moral character.

Applicable evidence of hardship and good moral character will differ from person to person.  As such, an immigrant wishing to request humanitarian reinstatement should consult with an immigration attorney to determine what evidence is available and should be provided along with the request.

The attorneys of the Mercado Law Firm are experienced in preparing and filing requests for humanitarian reinstatement, and are available to discuss your case with you.