Has your immediate relative petitioned you to come to the United States and then passed away suddenly and your I-130 has been denied due to the death of your immediate relative? The best option for you would be the Humanitarian Reinstatement which makes it possible for you to have the I-130 reinstated so you don't have to start the immigration process all over again. Assuming you and the Substitute Sponsor will experience hardship if your I-130 is not reinstated, and the hardship is documented, the Humanitarian Reinstatement will have the best chance for approval. It includes all relevant cover letters, forms, exhibits, and supporting evidence. It has been prepared by an expert Immigration attorney. Thus this book will allow you to see a guide of how it's done, prepared and submitted.
If the Humanitarian Reinstatement is approved, then you will not lose the priority date and will not have to wait many more years to get a current visa date from another petition. Additionally, if the Humanitarian Reinstatement is approved, then the beneficiaries of the approved petition will also be able to immigrate to the U.S. It is the best way to proceed if a petitioner has died.
The bottom line for the Humanitarian Reinstatement is that the officer has to be convinced to actually reinstate the I-130 petition. This is much more than simply getting a substitute sponsor. Rather, it would be preparing evidence through legal argument that the beneficiary deserves the Humanitarian Reinstatement to be approved and that the petition should proceed forward so that the beneficiary can immigrate along with his or her dependents. It does take around one year to get the answer on the Humanitarian Reinstatement so you must be patient. Do not go to the interview thinking the Consulate Officer will not know that the petitioner has died.
It does take time for U.S. Immigration to adjudicate the petition for the Humanitarian Reinstatement, but it is a lot better than starting over. Some people think they can still go to their interview and everything will proceed, but that is not the case. In fact, once the petitioner dies, so does the petition - unless the Humanitarian Reinstatement is approved.
The cover letter here was prepared by a qualified and expert immigration attorney in the U.S. who has been practicing immigration law for nearly 30 years. It is the next best thing to having an attorney do the Humanitarian Reinstatement Application without having to pay an att