Humanitarian Reinstatement and 204(l) Relief
Sacramento Immigration Lawyer on Humanitarian Reinstatement and 204(l) Relief
While waiting for immigration benefits, many beneficiaries of pending or approved immigrant petitions face the tragic loss of their petitioning or principal beneficiary relative. In these situations, the United States Citizenship and Immigration Services (“USCIS”) typically did not permit beneficiaries to obtain approval of the immigrant petition or act on an already approved immigrant petition. In these situations, USCIS may be able to provide discretionary relief under Humanitarian Reinstatement or section 204(l) of the Immigration and Nationality Act (“204(l)”). Our Sacramento immigration lawyers have helped countless individuals in these situations gain relief under 204(I).
What is Humanitarian Reinstatement?
Under Humanitarian Reinstatement, USCIS has the discretion to reinstate approval of an immediate relative or family-based petition that was automatically revoked because of the petitioner’s death. This is a very narrow form of relief in that it only applies to an already approved I-130 petition and only for the principal beneficiary. Section 204(l) may provide relief for others who do not qualify for relief under Humanitarian Reinstatement. In considering whether to grant Humanitarian Reinstatement, USCIS weighs the following factors:
- disruption of an established family unit;
- hardship to US citizens or lawful permanent residents;
- a beneficiary who is elderly or in poor health;
- a beneficiary who has had lengthy residence in the US;
- a beneficiary who has no home to return to;
- undue delay in processing the petition and visa; and,
- a beneficiary with strong family ties in the US.
Who may benefit from Humanitarian Reinstatement 204(l) Relief?
Our Sacramento immigration lawyers can help determine whether an individual may benefit from 204(I) relief. Generally, an individual may benefit from 204(l) relief if their relative died:
- While the petition (I-130, I-140, I-730) was pending or approved;
- While the individual’s I-485 was pending;
- While the individual was in T or U nonimmigrant status, and before or after an I-485 was filed; or,
- While the individual was in asylee status, and before or after an I-485 was filed.
An individual (principal or derivative beneficiary, as applicable) who falls into one of these categories may be able to seek 204(l) relief as long as (s)he is able to demonstrate and (s)he:
- Residence in the US at the time of the relative’s death; and,
- Continued Residence in the US since the relative’s death.
“Residence” means the individual’s home or “principal dwelling place in fact, without regard to intent”. Also, in cases where there are more than one beneficiary, as long as one beneficiary is able to meet the residency requirement, all the beneficiaries could benefit from 204(l) relief.
I-864, Affidavit of Support Requirement Applies to Humanitarian Reinstatement and 204(l) Relief
For both Humanitarian Reinstatement and 204(l) relief, the individual(s) seeking relief must generally obtain have a “substitute sponsor”. The substitute sponsor must be a US citizen or green card holder, at least 18 years of age, and a qualifying relative (spouse, parent, mother-in-law, father-in-law, sibling, child, son, daughter, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, grandchild, or legal guardian).
Contact Sacramento’s Immigration Lawyer
Our immigration lawyers have been very successful with Humanitarian Reinstatement and 204(l) relief. Do not hesitate to contact our immigration lawyers in Sacramento about your potential Humanitarian Reinstatement or 204(l) relief case. You may contact Sacramento’s immigration lawyers if you have any questions.
*The information provided in this post does not constitute legal advice or opinion. The information is for guidance purposes only. Individual situations vary and you should contact us for a consultation. Carson & Kyung, Sacramento’s Immigration Attorneys on 204(l) Relief and Humanitarian Reinstatement
USCIS on Humanitarian Reinstatement: http://www.uscis.gov/green-card/green-card-through-family/humanitarian-reinstatement