02 Apr Beneficiary must be in the U.S. at the time of death of petitioner to qualify for reinstatement of petition under new law
Most of the questions about the reinstatement of petition involved where the beneficiary is at the time of death of the petitioner under the new law. It is explicit in the law that the beneficiary must be in the United States to benefit under this new law that is incorporated in the Immigration and Nationality Act Sec. 204(l). If the beneficiary is not in the United States at the time of death of the petitioner the only way to reinstate a petition is through humanitarian revalidation in which case the chances of approval is very slim.
Question: Does the surviving relative and beneficiary need to apply for humanitarian reinstatement under the new Sec. 204(l)?
Answer: Yes, the USCIS requires the surviving relative or beneficiary to apply for humanitarian reinstatement if she was residing in the US at the time of death of the Petitioner and continues to reside in the US at the time of the time the adjustment of status is filed.
Question: What is the difference between reinstatement under the new INA Sec. 204(l) and humanitarian reinstatement?
Answer: A reinstatement under Sec. 204(l) is statutorily provided for the surviving relatives through a written request for reinstatement with supporting documentary evidence of eligibility under the law. This means that the reinstatement will be approved if beneficiary is in the United States at the time of death of the petitioner and continuous to reside in the United States when she filed for adjustment of status. The other requirement is the beneficiary must be eligible to adjust status.
On the other hand a humanitarian reinstatement is discretionary and may be requested by beneficiaries with an approved visa petition who wanted to reinstate the petition for humanitarian reasons regardless of whether or not the beneficiary is a U.S. residence.
Question: How does a Surviving Relative or beneficiary apply for reinstatement under INA Sec. 204 (l)?
Answer: The USCIS is very strict in applying the law on reinstatement of a petition if the petitioner is already dead. A Surviving Relative or beneficiary should consult with an experienced immigration attorney to assist her in the application for reinstatement under Sec. 204 (l). Our Law Firm has successfully handled numerous cases of reinstatement of petition under the new law.
Disclaimer: This is not a legal advice.