A 12/16/10 USCIS policy memorandum providing guidance on the approval of petitions and applications after the death of the qualifying relative in light of the new section 204(l) of the INA.
Filed under: Guidance on the approval of petitions and applications after the death of the qualifying relative, Immigration, Immigration Attorney, Immigration Lawyer, USCIS | Tagged: Brian D. Lerner, Guidance on the approval of petitions and applications after the death of the qualifying relative, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, USCIS |
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 
Humanitarian Reinstatement
Unfortunately, when the petitioner dies in a family petition, the petition itself is automatically terminated. The only way to address this situation would prepare a Humanitarian Reinstatement. This is a request that is willing to allow in essence a request to move forward even though the petitioner has died. We would prepare the attorney cover letter, declarations, affidavits, supporting documentation and all other relevant evidence. Afterwards, we submit to the appropriate governmental unit for decision. If successful, then the same priority date will exist and the beneficiary will have have to wait multiple years more for another petition or be without any petition at all after waiting numerous years.
Attorney fees (fees and expenses not included) The total attorney’s fees will be $ 2,500.00.
LikeLike
do i still have the chance to apply and have my petition for immigration to the USA be approved even after the death (after almost 3 years) of my father who petitioned for me? what should be done?
LikeLike