Automatic revocation of an approved I-130 family-based immigration petition will generally be instituted upon the death of the petitioner. However, the government does provide an exception to the automatic revocation rule. The USCIS is provided with the authority to reinstate any family-based I-130 petition that has already been approved, where revocation would be “inappropriate” based on humanitarian factors. Immigration law and regulations do not provide guidance as to what specific humanitarian factors would satisfy the test of “appropriateness” proposed by the regulations.

Traditionally, however, the USCIS weighs the following factors in cases concerning humanitarian need: (1) hardship to U.S. citizens or lawful permanent residents; (2) disruption of an established family unit; (3) lengthy residence in the U.S.; (4) strong family ties in the U.S.; (5) conditions in the home country; (6) health/medical conditions; (7) undue delay in processing the petition and visa; and (8) lengthy wait for beneficiaries in preference categories. Contact SilverLake Immigrant Aid Society to see if your situation meets the criteria for Humanitarian Reinstatement.