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.”
