Approved Request for Humanitarian Reinstatement

Summary

An approved Immigrant Visa Petition (I-130) will be automatically revoked if the petitioner dies before the beneficiary is granted permanent resident status. However, USCIS may reinstate a petition on humanitarian grounds. A request we prepared for a client was recently approved and our client is now eligible to immigrate to the U.S. and reunite with his family.

Immigrating to the United States is often significantly more challenging than people think it is going to be. Maybe it is something as simple as having to wait 10 years when you think you will be getting your green card in one year, or maybe it is something much more difficult to overcome. This was certainly the case with one of our clients, who we will refer to as George, to protect his privacy.

George is a native and citizen of the Philippines who wanted to come to the United States and reunite with his family. He was the beneficiary of an approved Immigrant Visa Petition (I-130) filed by his father. After waiting many years for the priority date to become current, George began moving forward with the process of getting his immigrant visa and becoming a legal permanent resident of the United States.

Unfortunately though, George’s father tragically passed away. As a result, the petition that was previously approved by U.S. Citizenship and Immigration Services (USCIS) was automatically revoked. Therefore, George’s ability to immigrate to the U.S. was in serious jeopardy.

However, George and family refused to give up. Geore was determined to immigrate to the U.S. so that he could be reunited with his mother and three siblings, all of whom were already U.S. citizens.

George’s family consulted with Reeves Immigration Law Group (RILG). Attorney Ben Loveman prepared a detailed and comprehensive request for Humanitarian Reinstatement and submitted it to USCIS. This request was necessary for George to immigrate to the U.S. – the petition from George’s father needed to be reinstated on humanitarian grounds since a petition is automatically revoked upon the petitioner’s death.

Attorney Loveman explained to George and his family that Humanitarian Reinstatement requests are extremely difficult to get approved. He told them that the process can be long, stressful, and that there was no guarantee that we would be successful.

For those reasons, Attorney Loveman worked extra hard on George’s request. He was sure to prepare a detailed, comprehensive, and compelling request that thoroughly discussed all aspects of the case. Attorney Loveman emphasized the impact on George’s U.S. citizen mother, who is now 75-years old and has several medical conditions including diabetes, heart and blood pressure issues and requires assistance in her day-to-day activities.

RILG is now happy to say that USCIS has reinstated George’s father’s petition! George can now enjoy life in the United States with the rest of his family!

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