Humanitarian reinstatement is a discretionary form remedy in U.S. immigration law that permits certain family-based immigrant visa petitions to continue even after the death of the petitioner. Normally, when a U.S. citizen or lawful permanent resident (LPR) files a petition (Form I-130) for his or her family member to live legally in the U.S., and the petitioner passes away before the family member has immigrated, the petition is automatically cancelled. However, under humanitarian reinstatement, the U.S. Citizenship and Immigration Services (USCIS) may permit the petition to continue despite the death of the petitioner.

Key Points:
Eligibility: Humanitarian reinstatement is most often available for beneficiaries of approved Form I-130 petitions. The petition must have been approved before the petitioner’s death.

Factors Considered: USCIS considers several elements when deciding whether to grant humanitarian reinstatement, including:

The closeness of the intending immigrant’s relationship to the deceased petitioner.
Whether the beneficiary is currenlty in the U.S. and has strong family ties in the U.S.
The hardship for the beneficiary if the petition is not reinstated.
The beneficiary’s advanced age or health problems.
Whether the beneficiary has any U.S. citizen or LPR relatives who can act as a back up financial sponsor.
Substitute Sponsor: A substitute sponsor is usually necessary if humanitarian reinstatement is granted. This sponsor must be a U.S. citizen or LPR and must meet the financial requirements to support the beneficiary.

Discretionary: USCIS has the discretion to approve or deny requests for humanitarian reinstatement based on a case by case basis.

Process: To request humanitarian reinstatement, the beneficiary or their representative typically submits a written request to the USCIS office that approved the original petition, including evidence supporting the request.

Humanitarian reinstatement is not guaranteed and is considered on a case-by-case basis, focusing on the humanitarian aspects of each situation.