Humanitarian Reinstatement of a Revoked I-130 Petition
It sometimes happens that the petitioner in a family based immigrant visa petition passes away before the beneficiary(ies) can make it to the US. This is common for individuals who were born in a country for which there is a substantial backlog to visa numbers, such as the Philippines.
The law provides for an automatic revocation of the petition in this situation, but the law also provides for a remedy.
In a situation where a petition passes away after the Immigrant Visa Petition has been approved, the beneficiary may request humanitarian reinstatement of the petition with USCIS if the beneficiary can find a substitute sponsor for the deceased petitioner.
By law, family members of the BENEFICIARY that may qualify as a substitute sponsor are limited to the following:
spouse, parent, mother-in-law, father-in-law, sibling, child (if at least 18 years of age), son, daughter, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, grandchild, or legal guardian
What We Will Do For You
Calope Immigration Law, PLLC.'s humanitarian reinstatement request includes the following: