Humanitarian Reinstatement

Humanitarian reinstatement allows you to continue your green card process if your petitioning relative dies after I-130 approval. It applies only to principal beneficiaries and requires USCIS discretion.

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Humanitarian Reinstatement

What Is Humanitarian Reinstatement?

Humanitarian reinstatement is a discretionary form of immigration relief available when the sponsoring family member (petitioner) of a green card application dies after Form I-130 (Petition for Alien Relative) has already been approved. While this situation would typically result in the cancellation of the petition, humanitarian reinstatement allows the principal beneficiary to continue pursuing lawful permanent residency in the United States.

This process is not automatic. You must formally request it and submit documentation that supports your case.

Who Qualifies for Humanitarian Reinstatement?

To be eligible, the following conditions must be met:

You are the principal beneficiary of an approved Form I-130.
The petitioner died after USCIS approved the I-130.
You can provide a Form I-864 (Affidavit of Support) from a substitute sponsor, unless you qualify for an exemption due to work history.
You submit a written request to USCIS for humanitarian reinstatement.
You include supporting documents, such as:
- Death certificate of the petitioner
- Evidence of the relationship between you and the deceased petitioner
- Proof of residence or other relevant details
- Any additional documents that support your case

What Does USCIS Consider?

USCIS evaluates humanitarian reinstatement requests on a case-by-case basis. Approval is never guaranteed, and it depends on a wide range of factors. These include:

Whether the beneficiary has maintained lawful presence in the U.S.
The impact of the petitioner’s death on surviving family members
The overall hardship that denial of the request might cause
Evidence of strong family or community ties in the U.S.

The process is complex and deeply personal. USCIS uses discretion to weigh humanitarian concerns against immigration laws.

Get Help with Your Petition

Losing a loved one during the immigration process is emotionally and legally difficult. But if your I-130 petition was approved before their passing, you may still have a path to residency. An experienced immigration attorney can help you understand whether humanitarian reinstatement is possible in your case and assist with preparing the request and documentation.

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FREQUENTLY ASKED QUESTIONS

Q1: Can US Immigration Counsel help me get a green card through family or marriage?
Yes. Whether you’re married to a U.S. citizen, have a relative sponsoring you, or need to adjust your status, we handle family-based green card cases with care and precision.

Q2: I’m facing deportation—can US Immigration Counsel defend me?
Absolutely. We fight deportation and removal cases in immigration court, build strong defenses, and pursue every legal option to protect your right to stay.

Q3: I’m applying for asylum or a humanitarian visa. Can she help?
Yes. We represent clients in asylum, VAWA, U Visa, and TPS cases—providing strong legal and emotional support throughout the process.

Q4: I want to become a U.S. citizen. Can US Immigration Counsel help me with naturalization?
Definitely. We guide clients through every step of the naturalization process, from preparing documents to interview coaching.

Q5: Can US Immigration Counsel help with immigration waivers or appeals?
Yes. If your case was denied or you need a waiver to move forward, we’ll review your options and build the strongest possible application or appeal.

Q6: I’m an employer looking to sponsor a foreign worker. Can you help?
Yes. We assist businesses and individuals with employment-based immigration, including work visas and green card sponsorship.

Q: Can US Immigration Counsel help me bring a spouse, child, or parent to the U.S.?
Yes. Family-based immigration is one of our core strengths. Whether your loved one is already in the U.S. or abroad, we’ll guide you through every step to bring them home legally and securely.

Q: What if I already filed something on my own or with another lawyer?
No problem. We frequently help clients who started elsewhere or alone. We’ll review everything and let you know the smartest next step.

Q: Can I petition for family if I’m not a U.S. citizen?
Depending on your current status, you may still qualify. During your consultation, we’ll explore all your options and determine the best path forward.

Q: I got a court notice—what should I do?
Contact us right away. Time is critical. We’ll review your case and act fast to protect your rights and build the strongest possible defense.

Q: Can US Immigration Counsel represent me if I’m in another state or in detention?
Yes. We represent clients across the U.S. and even those currently in immigration custody. Wherever you are, we’re ready to help.

Q: What if I already lost my case?
There may still be legal options. Appeals, motions, or reopening your case could be possible—we’ll analyze everything and guide you on your next move.

Q: Do I have to be in Florida to work with US Immigration Counsel?
Not at all. Immigration law is federal, which means we can represent you whether you’re in another state or anywhere in the world. Our clients come from across the U.S. and beyond.

Q: Can we do everything remotely?
Yes. From virtual consultations to secure document sharing, our firm is fully equipped to support you no matter where you are. You’ll receive the same care and expertise as if you were sitting in our office.