Last week, one of our clients in India secured an immigrant visa through successful application of Humanitarian Reinstatement of an I-130 that had been previously denied due to the original petitioner’s death. In general, an I-130 is automatically denied or cancelled when the petitioner dies. See 8 CFR 205.1(a)(3)(i)(B). The immigration law does provide for some exceptions, however. Due to the Family Sponsor Immigration Act of 2002, the I-130 may be “resurrected” or reinstated if the affected beneficiary can show compelling humanitarian reasons why the case should be allowed to continue, and there is an alternate sponsor ready to take the place of the deceased petitioner to execute the Affidavit of Support. In our particular case, we were able to demonstrate the beneficiary’s very close ties to the rest of his family here and that he suffered from a host of medical problems and issues that he had hoped to address here in the US. Fortunately, USCIS agreed and now our client who–prior to passage of the 2002 Law, would have start all over again–is now here!
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