If someone filed an I-130 petition for you, but died before you were able to immigrate to the U.S., we may be able to seek Humanitarian Reinstatement to allow your case to continue. Humanitarian reinstatement is a discretionary form of relief available to the principal beneficiary of an approved Form I-130, Petition for Alien Relative, that USCIS approved before the petitioner’s death.
You may only request humanitarian reinstatement if you are the principal beneficiary of an approved Form I-130, Petition for Alien Relative, and your petitioner relative has died. USCIS cannot grant humanitarian reinstatement if the petitioner died while the petition was pending.
Derivative beneficiaries are not eligible to request humanitarian reinstatement; however, if USCIS approves the principal beneficiary’s request, any eligible derivative beneficiary may also benefit from relief.
If you were required to have Form I-864, Affidavit of Support, and the petitioner died, you must have a new Form I-864 from a substitute sponsor. The substitute sponsor must be:
- A U.S. citizen, national, or lawful permanent resident;
- At least 18 years old; and
- Your spouse, parent, mother-in-law, father-in-law, sibling, child, son, daughter, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, grandchild, or legal guardian.
Humanitarian reinstatement is a discretionary benefit. Exercising discretion means USCIS will compare positive factors against negative factors to make a decision. In addition to meeting the basic requirements for humanitarian reinstatement, your request must warrant a favorable exercise of discretion, meaning that the “pros” in granting your request outweigh the “cons.”