Navigating the Reinstatement of Immigrant Visa Petition with JQK Immigration Law Firm

Overview of the Immigrant Visa Petition Reinstatement

Suppose a US citizen or a lawful permanent resident files an immigrant visa petition for their relative. If the petition is approved, but the petitioner dies before their relative (otherwise called a beneficiary) gets an immigrant visa or adjusts their immigration status, the petition is automatically revoked.

However, under certain circumstances, an immigrant visa petition can be reinstated. Navigating this process can be complex and is often contingent on quick and precise actions to ensure the potential for a successful outcome. Delays or errors can have long-term repercussions, making it essential to address the issue with the seriousness it deserves.

At JQK Immigration Law Firm, we understand the importance of handling these cases with the utmost care and diligence. Our team possesses the responsiveness and experience necessary to guide clients through the intricacies of visa petition reinstatement.

We approach each case with the respect and dignity it deserves. With our extensive knowledge in many immigration law areas, we are well-equipped to support and navigate you through your immigration journey.

What Is Immigrant Visa Petition Reinstatement?

Immigrant visa petition reinstatement is a crucial procedure for individuals who have had their previously approved immigrant visa petition revoked. In the context of family-based immigration petitions, this form of relief reinstatement is more specifically referred to as humanitarian reinstatement.

Humanitarian reinstatement is a form of relief available to the beneficiary of an approved petition Form I-130, Petition for Alien Relative, that the U.S. Citizenship and Immigration Services (USCIS) approved before the petitioner died.

Why Petitions Are Revoked

According to the USCIS, some of the common reasons for revocation can include:

  • Principal petitioner’s death: If the sponsor of a family-based petition passes away, reinstatement helps the beneficiary.
  • Failure to act: Missing deadlines for visa application or interview scheduling.
  • Changed circumstances: Situations affecting the original petition’s validity.

The Importance of Timely Action

It is paramount that beneficiaries act swiftly. Delays could not only jeopardize one’s chances of reinstatement but also the possibility of immigrating to the United States.

Understanding Legal Grounds for Reinstatement

Firstly, it’s crucial to understand that to request humanitarian reinstatement for humanitarian reasons is a discretionary relief. That means that the USCIS has the authority to approve these petitions based on the circumstances of each case.

As the principal beneficiary of an approved Form I-130, you may be eligible to request reinstatement if the petitioner relative has passed away.

The key to navigating these waters is familiarizing ourselves with the legal grounds, which are outlined in the Foreign Affairs Manual 9 FAM 504.2-8(C)(4). Within this intricate legal framework, the following factors weigh heavily in the decision-making process:

  • The impact of reinstatement on the family unit
  • Whether the beneficiary is in poor health or an elderly person
  • Potential hardship for the US citizens or lawful permanent residents involved
  • Long delays in processing the petition
  • Whether the beneficiary has a home country to go to
  • The existence of strong family ties of the beneficiary in the US
  • Lengthy residence of the beneficiary in the United States

The Reinstatement Process: A Step-by-Step Guide

Our experience comes to the forefront when addressing common legal obstacles. We can evaluate your individual case and determine whether humanitarian reinstatement is the most appropriate form of relief.

Initial Assessment

The following conditions must be met to be eligible for a humanitarian reinstatement request:

  • The individual applying for humanitarian reinstatement has to be the principal beneficiary of an approved Form I-130
  • Their relative who had filed the petition must have died

Gathering Necessary Documentation

The following documents have to be included when you request humanitarian reinstatement:

  • Approved Form I-130
  • The death certificate of the petitioner
  • Evidence of humanitarian reasons
  • Affidavit of support

Since the petitioner of the originally approved petition died, you’ll need a substitute sponsor to fill out Form I-864, Affidavit of Support. However, the substitute sponsor must meet certain criteria, such as being a US citizen or lawful permanent resident at least 18 years old.

Furthermore, the substitute sponsor must have specific relationships with the beneficiary. It can be the parent, spouse, legal guardian, mother-in-law, father-in-law, son-in-law, daughter-in-law, sister-in-law, brother-in-law, brother, sister, child, grandchild, or grandparent.

In addition, it’s necessary that you establish a relationship with the substitute sponsor.

Filing the Reinstatement Request

There is no designated form to request humanitarian reinstatement. A written request, along with supporting evidence, has to be sent to the USCIS office that approved the petition. Or, if you have already applied for adjustment of status, you should send your request to the USCIS office with jurisdiction over that application.

Since many documents have to be included, you may benefit from the help of experienced immigration attorneys. Our attorneys at JQK Immigration Law Firm can meticulously complete the discretionary form and submit the request on your behalf, ensuring that all the details are accurate and the case is presented strongly.

Following Up With the USCIS

Whether the USCIS grants humanitarian reinstatement or denies it, the applicant will be informed. If the request is approved, the USCIS will forward the reinstated petition to the officer handling your adjustment case if you are in the US or to the National Visa Center (NVC) in consular processing cases.

How JQK Immigration Law Firm Can Help

At JQK Immigration Law Firm, we understand that the process of reinstating an immigrant visa petition is delicate and requires a well-versed legal team. We are here to extend our knowledge and skills to be your steadfast ally.

We can provide:

  • Experience in immigration law – Our firm’s extensive background in immigration law equips us to navigate many intricacies with finesse.
  • Personalized legal strategy – Every case is unique, which is why we prioritize developing a strategy tailored to your particular situation. We’ll meticulously pore over the details of your case, ensuring no stone is left unturned.
  • Support through the entire process – We’ll be right by your side from beginning to end. Our commitment is unwavering, from the kickoff consultation to the joyous moment of a favorable resolution.

Contact Us Today

The complex realities of immigration law often require professional legal assistance. Whether it’s providing detailed documentation or addressing specific queries that the USCIS might raise, our firm is here to hold your hand through every step of your immigration journey.

Our approach at JQK Immigration Law Firm is always responsive and compassionate, ensuring you feel respected and valued throughout our engagement.

Our commitment is to provide clear, pragmatic advice in an approachable manner, ensuring you understand your options and the procedures ahead. We prioritize prompt action and clear communication, empowering you to make informed decisions about your immigration path.

Reach out to us, and let’s work together to forge a path forward.

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