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US Citizens and Lawful Permanent Residents can bring their relatives to the country by filing a family petition. Depending on the family relationship and the processing times, this procedure can take a long time to adjudicate. For cases involving non-immediate relatives, such as children over 21 and siblings, even after the case is approved, they must wait many more years, even longer than a decade, for the visa to become available in the case so that the Applicant can enter the United States.
While a case is pending, sometimes the unthinkable occurs – the US Citizen or Lawful Permanent Resident Petitioner passes away. When this happens, the family petition is automatically terminated. However, through the process of Humanitarian Reinstatement, a Miami Humanitarian Reinstatement Lawyer can “bring back to life” a petition that was terminated or revoked due to death of the Petitioner.
Note that Humanitarian Reinstatement is the only option for Applicants who were outside the United States when their US Citizen or Lawful Permanent Resident (LPR) relative passed away. However, if the Applicant was inside the United States when their relative passed away, and they are still in the US when they file the application, this person can take advantage of a similar law called 204(L).
How Do I Apply for Humanitarian Reinstatement and What Are the Eligibility Requirements?
One thing to keep in mind about applying for a humanitarian reinstatement is that there are no forms to fill and no set procedure. The principal applicant whose petitioning relative died will have to make their appeal directly to the USCIS office that approved the family petition through typed letters, supporting documentation, and supplementary evidence.
The most important evidence for the case to be approved is to find a “substitute sponsor” for the I-864 Affidavit of Support. This person must be of a certain familial relationship to the Applicant or his deceased Petitioner: his or her 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. This person must be a US Citizen or LPR and at least 18 years old.
Further, they will need a financial sponsor in the event that their familial substitute sponsor does not qualify financially to support the Applicant. It is important to note that some types of cases do not require an I-864 at all, like Cuban Adjustment or VAWA (Violence Against Women’s Act) Applicants; for those Applicants who never needed an I-864 as per their case type, they do not need to include evidence of a new financial sponsor.
They must also include documentation to show the approved I-130, the family relationship between the Applicant and Substitute Sponsor, as well as the death of the Petitioner.
Lastly, the Applicant needs to show that they warrant a favorable exercise of discretion, meaning the positive factors outweigh the negative ones in their case. This can include:
- The impact on family living in the United States if the Applicant is not permitted to enter with a green card (especially U.S. citizens, LPRs, or others lawfully present);
- Advanced age or health concerns of the Applicant or any derivative family members of the Applicant;
- Lawful residence in the United States for a lengthy period of time;
- Ties (or lack thereof) to the Applicant’s home country;
- Other factors, such as unusually lengthy government processing delays; and
- Any and all other factors the Applicant believes weigh in favor of reinstatement, with supporting documentation.
What is a Humanitarian Reinstatement Lawyer?
A Humanitarian Reinstatement Lawyer is an Immigration Lawyer who helps immigrants apply for immigrant visas and Adjustment of Status in the United States, and knows how to reinstate a case that is terminated or revoked due to death of the Petitioner when the Applicant is outside of the United States. Because Humanitarian Reinstatement is discretionary, it is important that you file the strongest case you can. A Miami Humanitarian Reinstatement Lawyer can bring out the most important and persuasive facts of your case because she understands the complexities of a case like this and all of the requirements and is able to help you file a strong application that includes the right evidence.
What is the process of applying for Humanitarian Reinstatement with a Lawyer?
1. Hire a lawyer
The first step is to find the right immigration lawyer. The best option is to search for Humanitarian Reinstatement lawyers near you who have positive reviews on Google and other social media platforms online, and then schedule a consultation to discuss the case with them. Humanitarian Reinstatement Lawyers are NOT all the same, and the service and quality of work one can get can vary wildly throughout an area. Even if a lawyer says they are offering the same service as another, the quality of the service that can be attained at the “cheapest” law firm will not be the same as what one could get at an experienced Humanitarian Reinstatement lawyer’s office, who also has positive reviews by previous clients and has achieved positive results in many Humanitarian Reinstatement cases before this one. Spend some time researching online, and after finding the Humanitarian Reinstatement lawyer with the best reviews who has the experience in Humanitarian Reinstatement to help with your case, go ahead and schedule a consultation with them. Most Humanitarian Reinstatement lawyers charge a fee for the consultation, but ask them if they are able to apply this fee towards your case.
2. Bring correct paperwork to lawyer
When you start the case with the Humanitarian Reinstatement lawyer, they will send you a checklist with all the documents they will need for your case. Filing for Humanitarian Reinstatement requires the inclusion of the strongest documents to show you qualify and also that you deserve an exercise of discretion, so you need to gather as many of the documents you can from the attorney’s checklist. Again, because of the complexity and discretionary nature of this process, it is recommended that you are represented by an immigration attorney with experience in Humanitarian Reinstatement in this process.
3. Fill out questionnaire to lawyer.
In addition to the Checklist, at the beginning of a Humanitarian Reinstatement case, a Miami Humanitarian Reinstatement Lawyer will also send you a Questionnaire to fill to assist the Lawyer and her team in preparing your case. Fill out the Questionnaire as fast as possible and start gathering evidence from the lawyer's checklist for your Humanitarian Reinstatement case when you receive the list, as some items may take time to obtain.
4. Review and sign forms
Once you have filled out the questionnaire, the Humanitarian Reinstatement lawyer and her staff can transfer your information, rewording it if necessary to strengthen your case, to fill out the appropriate immigration forms for you. For Humanitarian Reinstatement, the only form should be the G-28 to show you have a lawyer in the case and they are authorized to represent you. Once you have signed the G-28 form, the Humanitarian Reinstatement Lawyer can assemble the package. After the Humanitarian Reinstatement lawyer has all of your evidence from the checklist, she can mail out your Humanitarian Reinstatement application to the local United States Citizenship and Immigration Service (USCIS) office that approved the I-130 family petition.
5. Wait for a decision.
There is no interview in these type of cases, although you could be requested to send additional documentation. A decision should arrive in the mail, and this decision may not be appealed. However, you could refile if you disagree with the decision.
How can a Humanitarian Parole Lawyer help?
When you’re dealing with an immigration matter of any nature, it is always the best practice to involve an experienced attorney in your application. Doing so can better ensure that all of the actions you take are executed efficiently and accurately. Under the representation of an immigration attorney at Immigration Lawyers USA, your case will be in the hands of a competent and qualified team that has more than 11 years of experience. We know how the system works, what documents you need to strengthen your case, and we know what it takes to move your case forward through the immigration process if your case becomes delayed. Further, because these cases cannot be appealed and they are completely discretionary, it is imperative that you file the case correctly with an attorney who is experienced in Humanitarian Reinstatement. Don’t wait to contact us today to learn more about Humanitarian Reinstatement of your I-130 case in Florida or any state in the USA.
Hire the Top Humanitarian Reinstatement Lawyers in Miami, Florida!
Now that you know why having an experienced Humanitarian Reinstatement Lawyer is necessary, it’s time to hire one at Immigration Lawyers USA! We have some of the best Humanitarian Reinstatement Lawyers in Miami, Florida and in the country. We’re highly experienced with Humanitarian Reinstatement and 204(L) reinstatement law, and we will fight hard to make your case as strong as possible with our close attention to detail and our over 10 years of experience. If you’re looking for a firm with great reviews that can help you through the process, call Immigration Lawyers USA at 305-501-0783 or schedule a consultation here!