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06-23-2006, 09:20 PM
How to Get Your Humanitarian Reinstatement Approved
AS stated in our previous articles, humanitarian reinstatement or revalidation, as the term is alternately used, is the term used in immigration law to refer to that action by the U.S. Citizenship and Immigration Services [USCIS] allowing the reinstatement of a family-based petition that was revoked due to the untimely death of the petitioner.
This remedy is authorized by 8 CFR Section 205.1 (a)(3)(i)(c). Under this provision, the Attorney General [through the USCIS] will not revoke a family-based immigrant visa petition upon the death of the petitioner where he “determines that for humanitarian reasons revocation would be inappropriate.”
To be eligible to apply for such remedy, the USCIS and the Board of Immigration Appeals have pronounced that the petition must have been approved prior to the petitioner’s death. Otherwise stated, petitioner must have died after the petition has been approved. This is due to the fact that humanitarian factors do not come into play if petitioner dies before petition is approved.
Whether a given set of circumstances merits humanitarian reinstatement depends upon the discretion of the USCIS. Notably, the USCIS has considered the following factors in the past:
1. Disruption of an established family unit
2. Hardship to U.S. citizens or lawful permanent residents
3. Beneficiary is elderly or in poor health
4. Beneficiary has lengthy residence in the U.S.
5. Beneficiary has no home to return to
6. Undue delay by the USCIS or consular officer in processing petition and visa
7. Beneficiary has strong family ties in the U.S.
The question now is how do you present your case to the USCIS to convince them to reinstate your case due to humanitarian grounds?
Our law firm believes that every immigration case tells a story but in this type of case, the goal should not just be to present any story but a compelling one. When filing a case similar to this one with the USCIS, we normally tell our clients that it is not enough that we cite the applicable laws and regulations and provide some basic information about the beneficiary and his family. In order to get a humanitarian reinstatement case approved, the goal should be to be able to present a persuasive, touching, and heart-warming story based on the actual lives and relationships of the beneficiary and his family members. What makes them tick as a family? How close are they? Are there any special circumstances that apply to their case, i.e., a terminally sick family member, beneficiary lives in war-torn area in Philippines, etc.? How would the reinstatement affect their family as a whole? In this type of case, the attorney should actually be able to expand his role from being just a master of the laws to that of a great storyteller. The more compelling his story is, the better the chances that the case would be approved.
Thus, the applicant in a humanitarian reinstatement case should provide his attorney with as much information as he could about himself and his relationship with his siblings and surviving parent, if any. He should not leave out some information just because he thinks they are not important. He should tell everything to his attorney and let the latter decide whether the information provided are relevant and should be included in the case.
Again, one must remember that in a case like this where a lot depends on the exercise of discretion of the USCIS officer, your objective is not just to appeal to the intellect or reasoning of the officer but primarily to touch and open the heart and mind of said officer. Your goal is to make him empathize with your case – to make him identify with and understand your struggles, difficulties, and aspirations as a human being as well as the hardships faced by your family due to the separation. If you and your attorney succeed in achieving this goal, then you will have no doubt a great chance in having your application for humanitarian reinstatement approved.
To learn more about this topic, you may schedule an appointment for your free initial consultation by calling us at 818.956.8844. You may also visit us at www.palacioslawfirm.com or attend one of our free monthly immigration seminars. Our office is located at 100 North Brand Boulevard, Suite 600, Glendale, California 91203.
AS stated in our previous articles, humanitarian reinstatement or revalidation, as the term is alternately used, is the term used in immigration law to refer to that action by the U.S. Citizenship and Immigration Services [USCIS] allowing the reinstatement of a family-based petition that was revoked due to the untimely death of the petitioner.
This remedy is authorized by 8 CFR Section 205.1 (a)(3)(i)(c). Under this provision, the Attorney General [through the USCIS] will not revoke a family-based immigrant visa petition upon the death of the petitioner where he “determines that for humanitarian reasons revocation would be inappropriate.”
To be eligible to apply for such remedy, the USCIS and the Board of Immigration Appeals have pronounced that the petition must have been approved prior to the petitioner’s death. Otherwise stated, petitioner must have died after the petition has been approved. This is due to the fact that humanitarian factors do not come into play if petitioner dies before petition is approved.
Whether a given set of circumstances merits humanitarian reinstatement depends upon the discretion of the USCIS. Notably, the USCIS has considered the following factors in the past:
1. Disruption of an established family unit
2. Hardship to U.S. citizens or lawful permanent residents
3. Beneficiary is elderly or in poor health
4. Beneficiary has lengthy residence in the U.S.
5. Beneficiary has no home to return to
6. Undue delay by the USCIS or consular officer in processing petition and visa
7. Beneficiary has strong family ties in the U.S.
The question now is how do you present your case to the USCIS to convince them to reinstate your case due to humanitarian grounds?
Our law firm believes that every immigration case tells a story but in this type of case, the goal should not just be to present any story but a compelling one. When filing a case similar to this one with the USCIS, we normally tell our clients that it is not enough that we cite the applicable laws and regulations and provide some basic information about the beneficiary and his family. In order to get a humanitarian reinstatement case approved, the goal should be to be able to present a persuasive, touching, and heart-warming story based on the actual lives and relationships of the beneficiary and his family members. What makes them tick as a family? How close are they? Are there any special circumstances that apply to their case, i.e., a terminally sick family member, beneficiary lives in war-torn area in Philippines, etc.? How would the reinstatement affect their family as a whole? In this type of case, the attorney should actually be able to expand his role from being just a master of the laws to that of a great storyteller. The more compelling his story is, the better the chances that the case would be approved.
Thus, the applicant in a humanitarian reinstatement case should provide his attorney with as much information as he could about himself and his relationship with his siblings and surviving parent, if any. He should not leave out some information just because he thinks they are not important. He should tell everything to his attorney and let the latter decide whether the information provided are relevant and should be included in the case.
Again, one must remember that in a case like this where a lot depends on the exercise of discretion of the USCIS officer, your objective is not just to appeal to the intellect or reasoning of the officer but primarily to touch and open the heart and mind of said officer. Your goal is to make him empathize with your case – to make him identify with and understand your struggles, difficulties, and aspirations as a human being as well as the hardships faced by your family due to the separation. If you and your attorney succeed in achieving this goal, then you will have no doubt a great chance in having your application for humanitarian reinstatement approved.
To learn more about this topic, you may schedule an appointment for your free initial consultation by calling us at 818.956.8844. You may also visit us at www.palacioslawfirm.com or attend one of our free monthly immigration seminars. Our office is located at 100 North Brand Boulevard, Suite 600, Glendale, California 91203.