November 21, 2023

What is Humantarian Reinstatement of an I-130 Petition?

When the petitioner of an I-130 Petition for Alien Relative (“I-130 Petition”) dies, it typically has repercussions for the beneficiary(s) of that Petition. The fate of the Petition depends on the stage of where the Petition was at the time of the petitioner’s death.

Before Petition Approval:

If the petitioner dies before the I-130 Petition has been approved by the United States Citizenship and Immigration Services (“USCIS”), the Petition is automatically revoked with no remedy available. The reasons for this rather harsh outcome is because the petitioner is considered a crucial part of the petitioning process and their death is viewed as a permanent change in circumstances.

After Petition Approval But Before Visa Issuance or Adjustment of Status:

If the petitioner dies after the Petition has been approved by USCIS but before the beneficiary(s) have been issued an immigrant visa or adjusted status, the Petition is also automatically revoked. However, an available remedy exists for the surviving beneficiary(s) in the form of Humanitarian Reinstatement. Humanitarian Reinstatement is a unique process which allows for the approved Petition to be reactivated if it is determined that there are compelling humanitarian reasons to do so. In order to be eligible for Humanitarian Reinstatement, the beneficiary(s) must have either a U.S. citizen or lawful permanent resident family member who is over the age of 18 and is willing to step in and fulfill the role of the original petitioner. Family members who are eligible to take over the role of the petitioner include a spouse, parent, mother or father-in-law, sibling, child, son or daughter in-law, grandparent, grandchild or legal guardian.

It is important to note that not only is Humanitarian Reinstatement discretionary, it requires a complex and detailed argument as to why USCIS should grant such remedy.

For more information, contact us at info@enterlinepartners.com and speak with a U.S. immigration attorney in Ho Chi Minh City, Manila and Taipei.

Ho Chi Minh City, Vietnam Office

146C7 Nguyen Van Huong St, Thao Dien Ward,
District 2, Thu Duc City
Ho Chi Minh City, Vietnam

Tel: +84 933 301 488
Email: info@enterlinepartners.com
Facebook: Enterline & Partners – Dịch vụ Thị thực và Định cư Hoa Kỳ
YouTube: @EnterlineAndPartnersConsulting
Website: http://enterlinepartners.com

Manila, Philippines Office

LKG Tower 37th Floor

6801 Ayala Avenue

Makati City, Philippines 1226

Tel: +63 917 543 7926
Email: info@enterlinepartners.com
Facebook: Enterline and Partners Philippines
Website: https://enterlinepartners.com/language/en/welcome/

Copyright 2023. This article is for information purposes only and does not constitute legal advice. This article may be changed with or without notice. The opinions expressed in this article are those of Enterline and Partners only.

Categories: Immigrant Visa, Non-immigrant Visa

Tags: death, Form I-130, Humantarian Reinstatement, petitioner died

USCIS Proposes to Collect Social Media Handles on Immigration Forms

What Is Adjustment Of Status For U.S. Immigration Purposes?

Delinquent U.S. Taxpayers in Southeast Asia

Federal Court of Appeals Rules Against Trump’s EO Ending Birthright Citizenship

our services

Over 18,000 successful customers with Enterline &
Partners, realizing the dream of immigration

Latest News

CDC Removes COVID-19 Vaccination Requirement for Immigrant Visa Applicants

Effective March 11, 2025, The United States Center for Disease Control (“CDC”) has removed from the technical instructions to panel physicians the requirement that immigrant visa applicants receive the COVID-19 vaccination. Panel physicians will no longer determine that an immigrant visa applicant is ineligible for travel based on their failure to receive, or otherwise document, their vaccination against COVID-19. Based on CDC’s updated guidance to panel physicians, which is inline with the recent United States Citizenship and Immigration Services policy, Embassies and Consulates will no longer refuse an immigrant visa application for failure to present documentation that they received the COVID-19 vaccination. Applicants whose medical exams are unexpired and otherwise still valid for travel to the United States, and whom a consular officer previously found ineligible based solely on the applicant’s failure to establish vaccination against COVID-19, may have a new medical exam issued by the panel physician without a

USCIS Proposes to Collect Social Media Handles on Immigration Forms

The United States Citizenship and Immigration Services (“USCIS”) issued a 60-day notice and comment on a proposal to collect information pertaining to social-media handles and associated social media platform names from applicants in an effort to verify identification, streamline public safety screening and related inspections. The proposal, which was published in the Federal Register on March 5, 2025, is in line with President Donald Trump’s January 20, 2025 Executive Order, “Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threat” which directs the implementation of uniform vetting procedures. The USCIS will accept comments to the proposed rule until May 5, 2025. If the proposed rule officially becomes part of USCIS vetting standards, it will follow the U.S. Department of State 2019 rule which requires U.S. visa applicants to disclose their social media handles and other social media related information on their DS-160 Nonimmigrant Online Visa

What Is Adjustment Of Status For U.S. Immigration Purposes?

Under U.S. immigration law, Adjustment of Status (“AOS”) refers to the process through which an individual who is already in the United States applies to change their immigration status from that of a nonimmigrant visa status to that of an immigrant visa status, or “Lawful Permanent Residence”. This process is typically pursued by individuals who entered the U.S. legally on a temporary basis as a nonimmigrant and later decide to stay permanently. One of the best examples is when a student on F-1 status to attend a four year bachelor degree program is offered a job and qualifies at the end of their studies. They may then be eligible for Adjustment of Status. All AOS Applicants must fulfill certain qualifying requirements in order to apply for Adjustment of Status. They must have entered the U.S. lawfully, such as with a valid nonimmigrant visa and be physically present in the United

What is Humantarian Reinstatement of an I-130 Petition?

CATEGORY

Over 18,000 successful customers with Enterline &Partners, realizing the dream of immigration

Latest News

Over 18,000 successful customers with Enterline &
Partners, realizing the dream of immigration