Prospective immigrants fear the words “Priority dates”. Most immigrant petitions, whether they are family-based or employment-based have a waiting period before priority dates can become current. This allows for visa availability. We have received many inquiries over the years asking questions such as “My father filed a petition in 2005 for my brother and has been waiting. But he died recently.” Is there anything we can do? Yes, but it will depend on each individual’s circumstances and factors.
WHERE THE BENEFICIARY RESIDES OUTSIDE THE UNITED STATES
If you are the principal beneficiary, traditional requests for humanitarian reinstatement can be made. The principal beneficiary is the only one eligible for humanitarian reinstatement. However, any other eligible beneficiaries may be eligible if USCIS approves their request. The following factors will be considered by USCIS when considering a request for humanitarian reinstatement:
- The impact on the family members who live in the United States (especially U.S. Citizens, Lawful Permanent Residents, or Others Legally Present)
- The beneficiary’s advanced age or health issues or those of any of his or her following-to-join relatives;
- Legal residence in the United States is permitted for a long period of time;
- Ties to your country (or lack thereof);
- Other factors include unusually long delays in government processing;
- All other factors that you consider to be in favor of reinstatement with supporting documentation.
A substitute sponsor is required to take over the sponsorship of the deceased petitioner, as family-based petitions generally require an I-864 statement of support. The substitute sponsor must be an American citizen, national, lawful permanent resident, over 18 years old. A substitute sponsor must also be a spouse or parent, parent, mother, father-in law, sibling, child and son, daughter, husband, father-inlaw, sister, brother-inlaw, grandparent, grandchild, legal guardian.
These requests for humanitarian reinstatement can be made at your discretion. It is worthwhile for applicants who have waited for their families to reunite for many years, to request favorable discretion to reinstate the petition of a deceased applicant.
Summarized from an article by Wilner & O’Reilly Immigration Lawyers.
