Jump to content

The petitioner has expired

4 posts in this topic

Recommended Posts

My Father had applied for immigration for me, my wife and 2 children. The date for initialization for immigration process came last year in may 2014 but by then my father(the petitioner) has moved to india and was sick.Thus, we could not initiate the process. He expired in january this year.
Now,again the embassy has sent a letter asking if we are interested to move to US or if not interested, then let us know the same.

I have following queries:
1. Is there any requirement of the petitioner(my expired father) from this stage on?
2. If yes, since the petitioner has expired then can somebody else, another relative based in US, can help with the process or not?

Share this post

Link to post
Share on other sites


Humanitarian Reinstatement

Humanitarian reinstatement is a discretionary form of relief available to the principal beneficiary of an approved Form I-130, Petition for Alien Relative, that was approved prior to the death of the petitioner.

Basic Eligibility for Humanitarian Reinstatement

Humanitarian reinstatement may only be requested by the principal beneficiary when the petitioner of an approved Form I-130, Petition for Alien Relative, has died. Humanitarian reinstatement cannot be granted if the petitioner died while the petition was pending, but see Basic Eligibility for Section 204(I) Relief for Surviving Relatives to see if you may qualify for another form of relief.

Most immediate relatives and family-based immigrants are required to have Form I-864, Affidavit of Support Under Section 213A of the Act. In some cases, your work history or other factors may make Form I-864 unnecessary (See 8 CFR 213a.2(a)(2)(ii)). In either case, your petitioner’s death does not change the way that the Form I-864 requirement applies to you. If you were required to have Form I-864 and the petitioner died, you must have either a new Form I-864 from a substitute sponsor or Form I-864W, Intending Immigrant’s Affidavit of Support Exemption. 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 weighing 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.”

How to Request Humanitarian Reinstatement

There is no form or fee to ask for humanitarian reinstatement. You need to make a written request with supporting evidence to the USCIS office that originally approved the petition.

When you request humanitarian reinstatement, be sure to include:

  • Your name and your deceased petitioner’s name;
  • The receipt number of the petition (you can find this on the receipt notice);
  • Your alien registration number (A number), if you have one;
  • Your relative’s A number, if he or she had one;
  • Your relative’s death certificate (a certified translation is required, if not in English);
  • Form I-864 from substitute sponsor or Form I-864W; and
  • Evidence that a favorable exercise of discretion is warranted, which may include, but is not limited to:
    • Impact on family living in the United States (especially U.S. citizens, lawful permanent residents, or others lawfully present);
    • Advanced age or health concerns;
    • Lawful residence in the United States for a lengthy period;
    • Ties or lack thereof to your home country;
    • Other factors, such as unusually lengthy government processing delays; and
    • Any and all other factors you believe weigh in favor of reinstatement, with supporting documentation.
Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post

Link to post
Share on other sites
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.