McBean Immigration Law

13 Years After Petitioner’s Death, Client’s Humanitarian Reinstatement Approved and I-130 Reaffirmed 

What if the dream of reuniting with family felt utterly unattainable due to heartbreaking loss and immigration challenges? 

This was the difficult journey faced by our client, a 61-year-old woman in Nigeria, who had endured tremendous hardship after losing her family. In 2003, her U.S. citizen mother filed an I-130 petition on her behalf, which was approved in 2010 under the F3 preference category. Tragically, in 2012, her mother passed away, resulting in the revocation of the petition by USCIS. 

In a bid to help, her sister, a U.S. citizen residing in the United States, tried to reinstate the petition as a substitute sponsor. However, their self-filed humanitarian reinstatement request was denied by USCIS in 2017, leaving them disheartened. 

Fast forward to 2021, when the sister approached our firm for assistance. She shared the family’s painful history, including the loss of both parents and the applicant’s advanced age. With no immediate family left in Nigeria and having recently gone through a divorce, our client found herself in an increasingly vulnerable position. She also had a minor U.S. citizen son who relied on her for support. 

Understanding the gravity of the situation, we filed a thorough humanitarian reinstatement request in July 2024. We highlighted the disruption of the family unit, the significant hardship faced by U.S. citizens, and the sister’s age as compelling reasons for the reinstatement. 

In July 2024, we received the fantastic news: USCIS approved the reinstatement and reaffirmed the I-130 petition! After 13 long years since the petitioner’s passing, our client’s case was forwarded to the National Visa Center, putting her on the path to pursue consular processing at the U.S. Embassy in Nigeria. 

This case is a powerful testament to the importance of perseverance. Even when a petition has been terminated due to tragic circumstances, there is always a possibility for reinstatement. Don’t lose hope, even after years of waiting and setbacks—there is always a light at the end of the tunnel. 

Call McBean Law at (914) 898-9488 or click here to schedule a consultation. We’ll meet you where you are—with strategy, clarity, and care. 

P.S. Every case is different. Prior results do not guarantee similar outcomes. Always consult with a licensed immigration attorney about your specific case. 

About the Author

mcbeanlawfirm

McBean Law, PLLC is a New York immigration law firm and your trusted partner in navigating the complexities of immigration law in the United States. From family-based visas to employment-based green cards, we specialize in guiding clients through every aspect of the immigration process with expertise and compassion. We help clients with obtaining waivers, removal defense, motions and appeals, humanitarian requests, consular processing, and naturalization and citizenship. With a focus on personalized support and a proven track record of success, our experienced team of New York immigration lawyers is here to help you achieve your dreams of a brighter future in the United States.

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