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Restore Your Approved Immigration Petition

Trusted Legal Help for Humanitarian Reinstatement Applications

If your immigration petition was approved but the petitioner has passed away, you may still have a chance to immigrate through humanitarian reinstatement. An immigration lawyer at Martinez Immigration can guide you through the complex process of restoring your immigration status and securing your future in the U.S.

Need help with a humanitarian reinstatement? Contact an immigration lawyer today!

Who may need an immigration attorney for Humanitarian Reinstatement?

An immigration lawyer can assist with:

Filing a humanitarian reinstatement request with USCIS
Proving that you have qualifying family relationships and financial support
Overcoming legal challenges related to the death of the petitioner
Handling requests for evidence (RFEs)
Addressing issues with prior overstays, violations, or other complications
Advising on Green Card eligibility after reinstatement

Not sure if you’re eligible?

An immigration lawyer can review your case and provide expert legal guidance.

Eligibility for Humanitarian Reinstatement

To qualify for humanitarian reinstatement, you must meet the following criteria:

The Form I-130 (Petition for Alien Relative) was approved before the petitioner’s death.
You have a substitute financial sponsor who meets the income requirements.
You were residing in the U.S. at the time of the petitioner’s death (exceptions apply).
Granting humanitarian reinstatement would serve a humanitarian purpose, such as family unity or hardship prevention.
You are not otherwise inadmissible under U.S. immigration law.

How to Apply for a Humanitarian Visas Process

Submit a Formal Request

Prepare a detailed request to USCIS for humanitarian reinstatement.

Provide Supporting Evidence

Include proof of relationship, financial support, and humanitarian need.

Secure a Substitute Sponsor

A U.S. citizen or lawful permanent resident (LPR) relative must complete Form I-864 (Affidavit of Support).

USCIS Review

USCIS will assess the case based on humanitarian factors and legal eligibility.

Decision on Your Case

If approved, your immigration case will proceed as if the petitioner were still alive.

Humanitarian reinstatement is granted at the discretion of USCIS, so presenting a strong case is crucial. An immigration lawyer can help you gather the right evidence and structure your request.

Required Documentation

Death Certificate of the Petitioner

Proof of the petitioner’s passing.

Approved I-130 Petition

USCIS approval notice of the original petition.

Proof of Relationship

Marriage certificate, birth certificate, or adoption records.

Financial Support Documentation

Form I-864 from the substitute sponsor, along with tax returns and proof of income.

Proof of Humanitarian Need

Evidence of emotional, financial, or health-related hardship.

Proof of Residency (if applicable)

Evidence showing you were living in the U.S. at the time of the petitioner's death.

Not sure which documents you need? An immigration lawyer can guide you!

Common Challenges & Legal Solutions

Challenges

Solutions

Lack of a Qualified Substitute Sponsor

Without a qualified sponsor, the request may be denied.

An immigration lawyer can help identify a suitable sponsor and prepare supporting evidence.

Insufficient Evidence of Hardship

USCIS may deny reinstatement if the humanitarian need is not well-documented.

A lawyer can help compile evidence, such as medical records, financial statements, and expert testimonies.

Petitioner’s Death Before I-130 Approval

If the petitioner died before I-130 approval, you may not qualify for reinstatement.

An immigration lawyer can explore other immigration options, such as parole or humanitarian visas.

Inadmissibility Due to Past Violations

Prior overstays or visa violations may affect eligibility.

A lawyer can assess whether you qualify for a waiver or other legal relief.

Additional Resources

Frequently Asked Questions

What happens if I don’t have a substitute sponsor?

You must have a substitute sponsor to qualify for humanitarian reinstatement. A lawyer can help you find and prepare a sponsor.

Can I still apply if the petitioner died before I-130 was approved?

No, humanitarian reinstatement only applies to approved I-130 petitions. Other options may be available through parole or other humanitarian visas.

What factors does USCIS consider when deciding on humanitarian reinstatement?

USCIS considers the emotional, financial, and health-related impact on the applicant, as well as the humanitarian benefit of approval.

How long does humanitarian reinstatement take?

Processing times vary, but most cases are resolved within 6–12 months. Complex cases may take longer.

Can I include my spouse or children in my application?

Yes, if they were included in the original I-130 petition, they may also qualify for reinstatement.

Satisfied Clients Share Their Martinez Immigration Journey

    
 
 
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 Trustindex verifies that the original source of the review is Google. This firm is absolutely best. I been dealing with immigration for past 10 years. My case was something so complicated that most lawyers could not even make a suggestion. Kathleen took case proposed solution and we won! Her team is extremely detail oriented, I have to say separate thank you to Kate Sauceda for everything she did for me. Thank you all.
  
 
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 Trustindex verifies that the original source of the review is Google. Martinez immigration helped us with my husband’s case, this was our second time after filing the first time and being left on administrative processing due to lack if paperwork. When we hired Martinez Immigration for our process the second time, Kathleen and Alejandra explained everything in detail and reassured us we would have their support throughout the process and we were hesitant. We began our process in 2021 and my husband just arrived in the US January 2025. We worked with Liliana Gonzalez who helped us with any questions we had in a timely manner and made sure to update us with any information we needed. Thank you Martinez Immigration!
  
 
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Get Legal Help from an Immigration Lawyer

Need expert legal help with your humanitarian reinstatement request? A trusted immigration lawyer at Martinez Immigration will guide you through the entire process.