Lee & Garasia, LLC
Se Habla Espanol
Tel: 732-516-1717
Toll Free: 888-404-5876
Experience, Accessibility, and Excellence
for Over 20 Years
“When it comes to immigration, I go to Paris and Angie–and trust me, I know a lot of lawyers all over the world.”–Renzo Gracie, Brazilian Jiujitsu and MMA Legend 
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“Lee and Garasia are excellent lawyers, punctual and professional. They are dedicated to going above and beyond the usual level of service to meet your client’s needs. Their staff is very knowledgeable, friendly and polite. I would highly… recommend this firm to anyone.”
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“I would definitely recommend Mr.Lee and Garasia as an immigration attorney because they did a great job with my case i.e. of Adjustment of Status (i-485). Mr. Lee helped us in each and every detailed information and prepared to the best of it. It was all well done and would like to appreciate.”
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“I would like to thank my lawyer Mr Lee & Garasia and the staff for all immense help and patience throughout this entire process, I really appreciate your constant attention to my case, as well to my questions and my concerns. You’ve really made this process much more comprehensive to me, which I greatly appreciate.”
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“Mr. Lee and Ms. Garasia did a great job with my renewal of my permanent residence application. They help prepare the paperwork with such a great attention to details and accuracy. I will recommend the law firm every time.”
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“Mr. Lee did a great job with the renewal of my permanent residence application. My case was very time sensitive and they worked really fast on my case with great detail and accuracy. I will recommend the law firm every time.”
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“I would recommend Attorney Paris Lee for anybody who needs immigration consultation. Mr. Lee is THE lawyer who respects and cares clients. Mr. Lee is professional and honest. Bottom line, preparation for the results and NO BS!”
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“Stalin – Lee did a wonderful job, Got my wife her visa in one year. He is extremely helpful and knowledgeable. I would highly recommend him for all your immigration needs.”
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“Hello. I appoint him as my immigration lawyer and that way he solved my cases was truly amazing. He was so honest and knowledgeable for his work. He solved my all family immigration issues and because of his effort we were able to get done our immigration work done successful. Thank you lee and garasia.”
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“Lee & Garasia stand for accountability and responsibility. They are reliable, honest and are always constructively looking for a solution. A big thanks :)”
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Petition Reinstatement

The Family Sponsor Immigration Act of 2002

Understanding the Humanitarian Reinstatement Form of Relief

Once a petitioner files for his/her relative(s) abroad, the waiting time with respect to one’s preference category can be relatively lengthy. Upon receipt and approval of the I-130 petition, intending immigrants must wait for their priority dates to become current in order to receive their visa interview dates, which in some cases can take up to 10 years. Unfortunately, in many cases the petitioner passes away prior to the petition’s priority date becoming current. Under USCIS regulation, when the petitioner of an approved I-130 dies, the petition undergoes automatic revocation. This comes as a surprise to many beneficiaries; after years of patiently waiting, they are confronted with the harsh reality of this provision: not only has their relative passed away, but their petition has died along the way as well.

Can the priority date of an approved I-130 petition be restored or reinstated?

Fortunately, the Family Sponsor Immigration Act enacted in 2002 addresses this inequity and authorizes USCIS to reinstate canceled cases if humanitarian circumstances are present. This modification carves a pathway for families to resurrect the original petitions filed by their deceased petitioner, provided there is cause and a substitute sponsor willing to fulfill the affidavit of support obligations.

Supporting Documents

While there is no special form that needs to be completed to make this request, the submission must include the following:

1. Death certificate of the petitioner;

2. Form I-797 (Notice of Approval of original I-130 petition by the original petitioner);

3. Declaration from the beneficiary expressing wish to immigrate and detailing reasons why;

4. Proof of the bona fides of the beneficiary’s relationship to the deceased petitioner;

5. Proof of the beneficiary’s relationship to any other family members in the U.S., and their status;

6. Proof of humanitarian reasons.

Additionally, a substitute sponsor must also execute and provide Form I-864, the Affidavit of Support. Only certain family members may serve. Proof of the substitute sponsor’s relationship to the beneficiary must also be furnished.

How can we help?

Our firm has successfully handled many of these types of petitions with the USCIS. We can assist you in spotting the unique, compelling circumstances of your particular case and present them in a manner that is memorable and persuasive. It is one thing to know that such relief is available. It is entirely another, to get it. We know how, and we would love to help you, because reuniting families is our passion.

Contact our law firm for further information by calling 732-516-1717 or 888-404-5876.