Resurrecting a “dead” petition

First of all, I would like to greet each and every one of you a very meaningful Easter. As we joyously celebrate this foundational doctrine of our Christian faith, let us pray for the victims and survivors of the terrorist attacks in Belgium. We can only hope that the Philippines and the United States and other parts of the world be spared from these kinds of atrocious crimes against humanity.

What a coincidence that our topic for today is akin to a "resurrection." Note the quotation marks on the title for today's column. The other day, I received a call from Ramon, a resident of the Philippines who was a beneficiary of an approved I-130 petition filed by his mother. A month before his scheduled interview at the embassy, his mother died of a massive heart attack. Ramon now asks what has happened to his petition and what could be done, if any.

As we all know, death of a petitioner automatically revokes the I-130 petition. However, all is not lost. US immigration law provides a discretionary form of relief available to the principal beneficiary of an I-130 petition that was approved before the

(Editor's Note: This column is not a substitute for professional legal advice obtained from a US licensed immigration attorney. The information contained herein does not constitute a warranty or guarantee or legal advice regarding a reader's specific immigration case. No attorneyclient relationship is and shall be established with any reader.

For any questions, comments and observations, please contact Atty. Marco Tomakin at mtomakin@gmail.com)

death of the petitioner. This relief is known as "humanitarian reinstatement". In Ramon's case, his approved I-130 petition was revoked at the moment of his mother's death. But the legal relief of humanitarian reinstatement is his remedy in order to "resurrect" his revoked I-130.Take note of the operative word here which is "discretionary." Therefore, while humanitarian reinstatement is available, it is a discretionary relief -- which means that USCIS has to consider any and all evidence presented by Ramon which would overcome the revocation. Ramon then would need to convince USCIS that the I-130 needs to be reinstated because of certain factors such as the need for family unity, the negative effect of family separation, being the only person in his family to stay in the Philippines, the long delay of the availability of visa for his category, his present economic status, and how his eventual immigration to the US affects not just himself or his family but also how he may be able to contribute to his community. This list is not exhaustive.In order to have a greater chance of getting USCIS to grant the application of humanitarian reinstatement, all favorable factors must be identified and explored supported by indisputable and corroborated documentation. While it is a monumental task to prepare the application, it is indescribably worthwhile if approved.There is also another form of relief for those beneficiaries whose petitioners died while the petition is pending or already approved. We shall discuss this other remedy in the next issue.