Humanitarian Re-instatement of a Green Card

Especially in a Family based Immigration if the sponsor dies then the Green Card is a flop, however on a humanitarian concern Green card can be reinstated. In order to qualify to reinstate a petition, a person has to demonstrate to the USCIS that certain factors exist such as:

  1. Disruption of an established family unit; 
  2. Hardship to US citizen or LPR; 
  3. Beneficiary is elderly or in poor health; 
  4. Beneficiary has had a lengthy residence in the US;
  5. Beneficiary has no home abroad to go to; 
  6. Beneficiary has strong family ties in the United States.
Above all this requirement, the candidate also has to comply with the affidavit of support requirement, which means they need another qualified individual to execute an affidavit of support. Such qualified individuals are listed under section 213A (f) (5) of the immigration law. The list includes spouses, parents, siblings, in-laws, grandparents, and grandchildren who are either U.S. citizens or permanent residents.

No comments: