Humanitarian Reinstatement of Immigrant Visa Petition

Summary

Approved Immigrant Visa Petitions (I-130) are automatically revoked upon the petitioner’s death. 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.

There are unfortunate circumstances which can detour one’s journey when immigrating to the United States. Illness, death, and unforeseen issues often factor into the difficulties of the immigration process. This was certainly the case for one of our clients, who we will refer to as Albert, to protect his privacy.

Albert is a native and citizen of the Philippines who longed to come to the United States. 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, Albert began moving forward with the process of getting his immigrant visa and becoming a legal permanent resident of the United States.

Unfortunately though, Albert’s father tragically passed away from respiratory failure before Albert could obtain his immigrant visa. As a result, the petition that was previously approved by U.S. Citizenship and Immigration Services (USCIS) was automatically revoked. Thus, Albert was instantly declared ineligible to immigrate to the United States. The time, effort, and resources Albert and his family placed into his petition all appeared to be lost.

But Albert and family refused to give up. They were inspired by Albert’s father’s desperate wish for his family to be reunited in the United States. Therefore, rather than forgetting about the petition and moving on with their lives, they decided to consult with Reeves Immigration Law Group (RILG).

Attorney Devin Connolly, the Managing Partner of RILG, prepared a detailed and comprehensive request for Humanitarian Reinstatement and submitted it to USCIS. This request was necessary for Albert to immigrate to the U.S. – the petition from Albert’s father needed to be reinstated on humanitarian grounds since a petition is automatically revoked upon the petitioner’s death.

Attorney Connolly was well aware that Humanitarian Reinstatement requests are exceptionally difficult to get approved. He knows that the process is often immensely long, strenuous, and keeps family members separated for far longer than necessary. However, Attorney Connolly was determined to advocate for Albert so that his father’s hard work would not be discarded and so that his wishes would not be ignored.

RILG is now happy to say that USCIS has reinstated Albert’s father’s petition! While these requests are frequently denied, it is obvious that Attorney Connolly’s dedication and relentlessness helped Albert and his family obtain an approval. Albert can now enjoy life in the United States with the rest of his family, as the memory of his late father lives on.

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