What Is Humanitarian Reinstatement

Humanitarian reinstatement can only be requested by the Primary Recipient if the applicant who filed an approved Form I-130, Petition for a Foreign Relative on His or Her Behalf, has died. Reinstatement on humanitarian and compassionate grounds is not granted if the applicant died while the application was pending, however, a person may see basic eligibility for the section 204(I) exemption for surviving parents in order to determine whether they may be eligible for another form of relief. Reintegration on humanitarian grounds is not easy to achieve; It takes more than one letter saying that you still want to go to the U.S. The current U.S. administration is deliberately moving very slowly on all requests, and requests for humanitarian reintegration are a very low priority for them. Usually, we do NOT meet with our reintegration clients in person; We can always represent you wherever you are. Read our testimonials from customers we`ve never met before! And ask for a consultation to get an opinion on your case. However, if the petition is automatically revoked due to the death of the petitioner, you can still request the humanitarian reinstatement of the petition. This application must be submitted to USCIS.

And if the request is granted, USCIS will take over the petition for humanitarian reasons. Widows and other family members who do not comply with the residency requirement may apply for “traditional” humanitarian reintegration under section 205 of the Immigration and Nationality Act. This has been available for many years. Usually, when a petitioner dies, the petition is revoked and referred to the United States Citizenship and Immigration Services (USCIS). At any time thereafter, even years later, the main beneficiary can apply for humanitarian reintegration. In traditional reintegration, derivatives beneficiaries cannot apply if the primary beneficiary has died. It can take months or years to go through this process; There is no form or fee. Regarding the decision, USCIS states on its website: “Exercising discretion means weighing positive versus negative factors in order to make a decision. This means that the “pros” of approving your application outweigh the “cons.” Humanitarian reintegration is very different from most USCIS processes. There are no established rules or other requirements for applications for reinstatement in humanitarian assistance, apart from the fact that it is an option if the applicant dies before the recipient is granted permanent resident status. It`s a good idea to have an immigration lawyer to help you decide which of these laws is applicable, navigate the process, and prepare the evidence to support favorable discretion in a humanitarian and compassionate reintegration case. It`s neither automatic nor easy.

To contact us for an exam, please make an appointment for a consultation. There is a $200 fee for the initial consultation, and we will ask you to complete a detailed questionnaire and provide your documents. If you don`t have a strong case, lawyer Keir will tell you. If you have a good case, she will explain how to proceed. Unlike many of their other processes, the decision on whether or not you are eligible for humanitarian reintegration is entirely at the discretion of USCIS; There is no defined policy or scoring sheet. However, the final section of Form I-864 offers applicants the opportunity to describe their background and explain exactly why they are requesting reinstatement. Even though there`s no set of rules, some of the most common reasons why usCIS tends to look positive are: We found attorney Keir via Facebook. We searched through many lawyers and recommendations from friends and had her background checked and she stood out. We read her profile on her website and felt like she was what we were looking for.

Their legal fees are competitive and worth it as our doubts have been clarified and we are very satisfied with their answers to our questions. We will definitely spread the good news and dramatic change in our lives here in America! » Back to Services – If you`re having trouble finding what you`re looking for, try it in the search bar or contact us. USCIS processes all humanitarian reintegration requests. They have a list of basic requirements, including the following: It should be noted that humanitarian reintegration is a discretionary service, which means that the USCIS weighs the positive factors against the negative factors in making a decision. Therefore, a person`s application must not only meet the essential requirements for reintegration on humanitarian grounds, but also justify a favourable exercise of discretion, since the positive factors in granting such an application outweigh the negative factors. Humanitarian reintegration is a discretionary form of exemption available to the primary beneficiary of an approved Form I-130, Petition for a Foreign Parent, approved prior to the death of the applicant who filed on behalf of the beneficiary. If the measure is approved, the approved Form I-130 will be reinstated. If you need humanitarian reintegration, you are probably grieving and there is no way for you to have full control over your application. With a lawyer, you can rest assured that they will process the evidence and documents you need for the restoration of rights. They will also give you immediate legal advice during the case. “In this type of complicated case, it`s better and it`s worth hiring an experienced immigration lawyer.

Lawyer Keir treated our case as a top priority, no matter how difficult it was. She is an honest and very supportive person throughout the process, you can ask all the doubts you have and she is always open to all the advantages and disadvantages of your case. She cannot promise miracles, but she will do everything to win the case. She was always available whenever we needed clarification. We were able to contact them, no matter which side of the globe we were on. There is no guarantee that your humanitarian reintegration will be approved. Be aware that there is no form to fill out and you will only appeal through the ministry through letters, documents and evidence. However, if the sponsoring family member dies after the approval of Form I-130, the potential immigrant must apply for humanitarian reintegration. Essentially, this is a direct request to USCIS, which is trying to continue the process that was interrupted by the death of its sponsor.

It`s important to remember that USCIS will not consider humanitarian reintegration until the original I-130 is approved — either before or during its preliminary review. Los Angeles Immigration Law Firm, P.C. understands the obstacles you face and is ready to help. For more than 15 years, attorney Scott McVarish and his experienced immigration lawyers have represented and fought people in situations as bad, if not worse, than yours. If you have difficulties with reinstatement or revalidation, do not miss another day – contact our law firm for a confidential consultation. The petition is automatically revoked after the death of the petitioner. It does not matter that the beneficiary is already on American soil. Call (800) 792-9889 or use our online contact form to make an appointment. This is tragic because most grieving family members who are beneficiaries will not be able to provide for their loved ones. What`s more, the number of years they`ve spent waiting for approval will fall by the wayside. The alternate sponsor cannot be an aunt, uncle or cousin.

Alternate sponsor must be: Most immediate parents and family immigrants must have Form I-864, Affidavit of Support under section 213A of the Act. In some cases, a person`s employment history and/or other factors may make Form I-864 redundant (see 8 CFR 213a.2(a)(2)(ii)). In either case, the applicant`s death does not change how the Application for Form I-864 applies to such a person. If the person were to have Form I-864 and the applicant died, they must have either a new Form I-864 from a replacement sponsor or Form I-864W, Exemption from the Prospective Immigrant Support Affidavit. 4. The alternate sponsor must complete a new affidavit of support. 4. The beneficiary has had a longer stay in the United States If you have family members who live outside the United States and you want to be reunited with them here in the United States, you can file a petition for them that will ultimately allow them to join you in the United States. To do this, you must already be a U.S. citizen or lawful permanent resident (green card holder). You begin by filing a Form I-130, Petition for a Foreign Parent with the United States Citizenship and Immigration Service (USCIS). 6.

Unreasonable delay of the NSI or consular officer in processing the application and visa If you have family members who live outside the United States and wish to be reunited with them here in the United States, you can file a petition for them that will ultimately allow them to join you in the United States. What information is needed for humanitarian reintegration to be granted? 3. The alternate sponsor must be a lawful permanent resident (green card holder) or a U.S. citizen. 2. Difficulties for U.S. citizens or lawful permanent residents However, the USCIS has made it clear: the decision will be based on the weight of positive versus negative factors. Here`s a list of factors that USCIS should consider when evaluating humanitarian reinstatement applications: You`ll need an attorney for your case. .

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