QUESTION

How do I proceed to file humanitarian revalidation for family petition denied due to death of petitioner?

Asked on Jun 08th, 2016 on Immigration - Hawaii
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1 ANSWER

Was the petition previously approved by USCIS? Were you notified that file was returned to USCIS for revocation? You will need to submit a request for humanitarian reinstatement. There is no form or special format that must be used. You will need to submit a new Form I-864 from a substitute sponsor. A substitute sponsor must be (1) U.S. citizen, national, or lawful permanent resident; (2) at least 18 years of age; and (3) the beneficiary's 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. In addition to a Form I-864, the beneficiary should submit evidence that a favorable exercise of discretion is warranted including: (1) impact on family living in the United States (especially U.S. citizens, lawful permanent residents, or others lawfully present); (2) advanced age or health concerns; (3) lawful residence in the United States for a lengthy period; (4) ties or lack thereof to your home country; (5) other factors, such as unusually lengthy government processing delays; anD (6) any and all other factors you believe weigh in favor of reinstatement, with supporting documentation. I encourage you to work with an attorney.
Answered on Jun 08th, 2016 at 3:42 AM

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