Humanitarian reinstatement is a discretionary form of relief available
to the principal beneficiary of an approved Form I-130, Petition for Alien
Relative, that was approved prior to the death of the petitioner. Humanitarian
reinstatement may only be requested by the principal beneficiary when
the petitioner of an approved Form I-130, Petition for Alien Relative,
has died. Humanitarian reinstatement cannot be granted if the petitioner
died while the petition was pending.
The substitute sponsor must be: A U.S. citizen, national, or lawful permanent
resident; at least 18 years old; and your 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.
Since humanitarian reinstatement is a discretionary benefit in addition
to meeting the basic requirements for humanitarian reinstatement, the
request must warrant a favorable exercise of discretion, meaning that
the "pros" in granting your request outweigh the "cons."