The Los Angeles Immigration Office, P.C. understands the obstacles you face and is ready to help. For more than 15 years, attorney Scott McVarish and his experienced immigration lawyers have represented and fought people in situations as bad, if not worse, than yours. If you have difficulties with reinstatement or revalidation, do not miss another day – contact our law firm for a confidential consultation. 6. Unreasonable delay by the NSI or consular officials in processing applications and visas Unlike many other processes, deciding whether or not you are eligible for humanitarian reinstatement is entirely at the discretion of USCIS; there is no defined policy or point sheet. However, the final section of Form I-864 gives applicants the opportunity to describe their background and explain why exactly they are seeking reinstatement. Even though there is no set of rules, one of the most common reasons why USCIS tends to look positive is: What happens if your American petitioner dies? This happens often, especially if you are in a country with very long queues like the Philippines, Mexico, China and India. If your petitioner died in the years leading up to the interview, you may be able to pursue your case. It can also happen if the “primary beneficiary” dies and you are their spouse or child. Humanitarian reintegration is very different from most USCIS processes. There are no established rules or other requirements for humanitarian reintegration applications, other than that it is an option if the applicant dies before the beneficiary obtains permanent resident status.
There is no guarantee that your humanitarian reintegration will be approved. Be aware that there is no form to fill out and you will only appeal through the ministry through letters, documents and evidence. If you need humanitarian reintegration, you are probably grieving and there is no way for you to have full control over your application. With a lawyer, you can be sure that they will process the evidence and documents you need to apply for reinstatement. They will also give you immediate legal advice during the case. Humanitarian reintegration is a discretionary form of exemption available to the primary beneficiary of an approved Form I-130, Petition for a Foreign Parent, approved prior to the death of the applicant filed on behalf of the beneficiary. If approved, the measure will reinstate the approved Form I-130. Unfortunately, or fortunately, depending on how you look at it, there is no dedicated form for this process. Although some additional documents and documents must accompany your objection, the application itself is usually a typed letter.
Here are some of the supporting documents that must be attached to your kit: Humanitarian reintegration is not easy to obtain; It takes more than a letter saying you still want to go to the United States. The current U.S. administration is deliberately moving very slowly on all requests, and requests for humanitarian reintegration are a very low priority for them. Usually, we do NOT meet with our reintegration clients in person; We can always represent you wherever you are. Read our testimonials from customers we`ve never met before! And ask for advice for an opinion on your case. Since it can take a long time for the petition to be approved and the recipient to finally obtain permanent resident status, it is always possible that the applicant will die before the end of the proceedings. When this happens, it can become much more difficult for the petition recipient (and perhaps their family members) to get their green cards. It makes sense to have an immigration lawyer to help you decide which of these laws applies, direct the process, and prepare the evidence to support favorable discretion in a humanitarian and compassionate reintegration case. It`s neither automatic nor easy. To contact us for an evaluation, please make an appointment for a consultation. There is a $200 fee for the initial consultation, and we will ask you to complete a detailed questionnaire and provide your documents. If you don`t have a strong case, lawyer Keir will tell you.
If you have a good case, she will explain to them how to proceed. The same rules apply to parents who are not widowed; At least one beneficiary must meet the U.S. residency requirement. There is no form or fee for the application, and if the application is accepted, the government will continue to process the petition. It should be noted that humanitarian reintegration is a discretionary advantage, which means that USCIS will evaluate the positive versus negative factors to make a decision. Therefore, a person`s application must not only meet the basic conditions for reintegration on humanitarian grounds, but also justify a favourable exercise of discretion, since the positive factors in granting such an application outweigh the negative factors. For those who want to enter the United States legally, getting a green card can sometimes seem like a monumental task. This difficulty is exacerbated only if the parent sponsoring the immigrant dies in the process. If you`re one of the few unfortunate people who successfully filled out an I-130 form just to let your sponsor die soon after, you have a few options — and you need to act quickly. Humanitarian reinstatement can only be requested by the Primary Recipient if the applicant who filed an approved Form I-130, Petition for a Foreign Relative on His or Her Behalf has died. Humanitarian reinstatement is not granted if the applicant died while the application was pending, however, a person may consult the basic eligibility under Section 204(I) of the Surviving Parent Assistance to determine whether he or she may be eligible for another form of relief. Due to the long waiting period, it is not uncommon for some petitioners and recipients to die before the application is approved.
However, if the sponsoring family member dies after the approval of Form I-130, the potential immigrant must apply for humanitarian reintegration. Essentially, this is a direct request to USCIS, which is trying to continue the process that was interrupted by the death of its sponsor. It`s important to remember that USCIS will not consider humanitarian reintegration until the original I-130 is approved — either before or during its preliminary review. Widows and other family members who do not meet the residency requirement can apply for “traditional” humanitarian reintegration under section 205 of the Immigration and Citizenship Act. This has been available for many years. Usually, when a petitioner dies, the petition is revoked and referred to the United States Citizenship and Immigration Service (USCIS). Thereafter, even years later, the Principal Recipient may at any time request reinstatement on humanitarian grounds. In the case of traditional reinstatement, the beneficiary`s derivatives cannot apply if the principal beneficiary has died. It can take months or years to go through this process.
there is no form or fee. Regarding the decision, THE USCIS states on its website: “Exercising discretion means balancing positive and negative factors in order to make a decision. this means that the “professionals” outweigh the “inconveniences” when approving your application. However, if the petition is automatically revoked due to the death of the petitioner, you can still request the humanitarian reinstatement of the petition. .