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What happens when an immigrant beneficiary abroad has a petitioner relative who passed away after an I-130 family petition was approved? Under 8 CFR 205.1(a) there will be an automatic revocation of the approved I-130 family-based petition upon the death of the petitioner. However, 8 CFR.1 (a)(3)(i)(C) provides an exception to this rule; specifically, USCIS is granted authority to reinstate a family-based I-130 petition that was already approved where revocation would be “inappropriate” based on humanitarian factors.
The test of appropriateness that is specified under the regulations do not exactly spell out what that would be. However, traditionally, USCIS weighs the following factors in cases relative to humanitarian need:
Humanitarian Reinstatement Distinguished
If the beneficiary resided in the U.S. and continues to reside in the U.S. at the time of a petitioner’s death, then the beneficiary may be eligible for surviving relative benefits under INA §204(l). Unlike humanitarian reinstatement, §204(l) applies to pending petitions, employment-based petitions, certain asylee and refugee petitions, and certain derivative T and U nonimmigrants, and to derivative beneficiaries. Also unlike humanitarian reinstatement, if a spousal I-130 was approved, widows or widowers of U.S. citizens may have their petition convert automatically to an I-360 petition.
The principal beneficiary of an approved family-based petition may apply for humanitarian reinstatement. The beneficiary must have a qualifying relative willing to act as a substitute sponsor for the I-864 Affidavit of Support. The substitute sponsor should be a close relative (i.e. spouse, brother, parent, son, daughter, grandparent, legal guardian, etc.) and a citizen, national, or LPR of the United States, at least 18 years old, and domiciled in the United States. Contact the Law Firm of Kyce Siddiqi. Allow us to work closely with you to prepare your humanitarian reinstatement request.