/ Family based

Humanitarian reinstatement is an immigration process that allows certain individuals to have their previously approved visa petitions or immigration applications reinstated after the petitioner (the person who filed the petition) has passed away. It is a humanitarian provision designed to protect the immigration status of family members who were dependent on the deceased petitioner for their immigration benefits.


What are the eligibility criteria?

To be eligible for humanitarian reinstatement, the following criteria are typically considered:

  • The original petitioner has passed away;
  • The beneficiary (the family member or applicant) was in the process of immigrating based on the original petition.
The beneficiary must have a qualifying relationship with a substitute sponsor or petitioner who is willing and able to assume the role of the petitioner.

What are qualifying relationships?

The beneficiary must have a qualifying relationship with the substitute sponsor or petitioner. This is often limited to immediate relatives, such as spouses, parents, and unmarried children under 21 years of age.

What is the process?

The request for humanitarian reinstatement is typically submitted to USCIS and should include the following:


Form I-130, Petition for Alien Relative (in family-based cases), or the appropriate form based on the specific immigration category.


A request letter explaining the circumstances, demonstrating the humanitarian need for reinstatement, and detailing the qualifying relationship with the substitute sponsor or petitioner.


Supporting documentation, such as proof of the original petitioner's death, proof of the qualifying relationship, and the substitute sponsor or petitioner's willingness and ability to assume the role of the petitioner.

How can Kananchuk Law Office help with Humanitarian Reinstatement?

Humanitarian reinstatement is a complex and sensitive area of immigration law, and it is crucial to follow the specific USCIS guidelines and requirements for each case. Our experienced humanitarian reinstatement attorney will ensure that the request is prepared correctly and that the beneficiary's immigration benefits are protected.
Please call our office to see how we can help you.

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