Do not lose hope if your petitioner or primary applicant passed away and it was cancelled; you still have a chance to move to the US.
An I-130 immigration petition is immediately cancelled in the event of a decedent. As a result, immigrant families who are already suffering the loss of a loved one frequently experience misfortune twice, as surviving family members might not be able to immigrate through the petition of the deceased.
Even after a petitioner or qualified relative has passed away, certain beneficiaries and family members may still be able to apply for immigration benefits if this has occurred to you.
Because each provision has a different eligibility requirement and set of legal authorities, we must first analyze it in order to determine which remedy is appropriate in your situation.
Numerous cases of humanitarian reinstatement have been completed with success by our F4 India team. If you would like to speak with one of our clients, please contact us. Because of the rules established by USCIS, certain family members who would otherwise be denied the chance to apply for permanent residence due to the death of the petitioner or the major beneficiary can now do so.
Please be aware that submitting paperwork from a different sponsor on the day of the interview will not allow the petition to be reinstated if the petitioner passes away. The US Consulate must get word from DHS that the petition has been reinstated before the case may move forward. Therefore, you are wasting your time if you plan to provide documentation from alternate sponsors during the interview. The US Consulate will require you to submit paperwork for humanitarian reinstatement and will submit your petition for administrative processing.
1) Survivor benefits under INA 201(b) (2) (A)
2) Other benefits under INA 204(l) for certain surviving relatives.
3) Humanitarian reinstatement of an accepted I-130 petition.
We are always devastated to hear of the passing of one of our petitioners or applicants. It is tragic when a relative passes away. However, the passing of a petitioner or applicant may have a significant impact on how a visa petition turns out. The petition is automatically cancelled if the petitioner passes away before the principal applicant immigrates to the United States. This implies that the consular officer will be unable to grant a visa to any of the petition’s beneficiaries and must instead send the petition back to the Department of Homeland Security (DHS).
You may ask for the reinstatement of your petition on humanitarian grounds if there are compelling humanitarian circumstances.
Navigating the different immigration regulations that can apply to them after a family member’s death is only one of the difficulties faced by people who want to immigrate despite the death of a family member who was a key component of their immigration application. Keep in mind that this may be your final opportunity to become a permanent resident in the US. After waiting for so long, you don’t want to miss your chance to make things right. Most people either try to file alone or they employ a lawyer or agent that lacks competence. You should pick your attorney carefully because this could be your only opportunity to immigrate and realize your ambitions.
Only a qualified attorney can assess your situation and inform you of the best provision for your petition. What documents are needed to request reinstatement for humanitarian reasons? How should your file be set up for a humanitarian request? How can I demonstrate humanitarian proof? What legal documents is USCIS willing to accept? How do I file? How can you follow up? These are the types of inquiries that an attorney can handle with ease.
Although humanitarian reinstatement is a restricted discretionary solution, it could occasionally be the only option left to survivors.
We only charge the bare minimum since we are sensitive to your loss’s suffering. Our law company has created a unique pricing structure just for these types of matters. The outcome is 99.9%.