When to apply for humanitarian reinstatement is the most frequent query from prospective immigrants and their family members in the United States. Does the consular officer suggest that a petition be required to reinstate on humanitarian grounds at the Interview?
.png "When to apply for humanitarian reinstatement is the most frequent query from prospective immigrants and their family members in the United States. Does the consular officer suggest that a petition be required to reinstate on humanitarian grounds at the Interview?")
Such inquiries have
come to us in significant numbers from all across the world. Let's first
consider what would happen if the petitioner passed away before you get Green
Card.
A petition is
automatically cancelled when the petitioner passes away, but USCIS may
reinstate it if you think a unique humanitarian circumstance justifies it. For
example, let's say the beneficiary had ties to the petitioner who had passed
away other than through marriage. In that scenario, the petition must be sent
back to USCIS with a clear note on the return memo recommending reinstatement
for humanitarian reasons. Then, USCIS decides whether to reinstate it.
Depending on the
circumstances at the time you submitted, it may take some time to receive a
decision or grant for the reinstatement of the petition on humanitarian
grounds. In certain circumstances, especially those filled out after appearing
for an interview at a U.S. Consulate, it can take between 12 and 24 months. In
other cases, it can take between 2 and 3 years. Therefore, one should submit a
request for the Humanitarian Reinstatement as soon as possible, given the time
it takes. It is not at all advised to wait for an interview.
The
consular officer may merit DHS attention for humanitarian grounds if they think
a petition is revoked following 8 CFR 205.1(a)(3). In that situation, the
consular representative draughts a memo asking for a review and submits it
along with the petition to DHS.
However,
one shouldn't wait too long if the tragic situation of losing your petitioner
has already happened. Then, your case will be delayed, as will your chances of
reuniting with other family members in the US.
Suppose
the petitioner or Principal Applicant passes away. In that case, you can get in
touch with our experts at F4 India Law Company to see if you are still eligible
to have your petition reinstated. Send an email to info@f4india.com
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