Humanitarian Reinstatement - Stranded

[delliang 0]

Hi, Everyone

I have been recently trying to request a Humanitarian Reinstatement of my I-130 petition.

My petition was approved in 1998 prior to my petitioner’s (LPR) death in 2001, so the petition was automatically revoked and I didn’t continue the immigration process.

I came to the US four years ago and have been legally residing in the US. But my recent circumstances compel me to request the reinstatement of the old approved petition on humanitarian ground. I know USCIS doesn’t approve this kind of Humanitarian Reinstatement too often but I believe I deserve a chance based on my current circumstances.

I spent a few months preparing a compelling request letter and other supporting evidence and sent the whole package to the USCIS with hope. To my surprise, my request was returned one week later by the USCIS with a letter, stating the following reason:

“Not Found.- Our records do not show that we have received the petition back from the Department of State. We cannot begin to entertain the request for Humanitarian consideration until the approved petition has been returned to our facility

Therefore, your submitted documentation is being returned. Please contact NVC or Consulate abroad to find out the disposition and location of the approved petition. Do not resubmit this documentation to our office until we have possession of the petition.”

I did contact NVC prior to my submission and was told the petition went through the termination process and was destroyed after I failed to apply for an immigrant visa.

So it seems a returned petition is a prerequisite to request Humanitarian Reinstatement. Without it, they don’t even take my request.

Since my petition was destroyed already, is this the end of my case? I did find at least two more than 10 years old humanitarian reinstatement cases which were taken by USCIS. I believe USCIS still keeps all my case information but why returning hard copy documentations is that important.

What am I going to do given this situation? Should I file a motion to reopen the petition or look for an experienced attorney?

Please advise, than you.

[Ryan H 3,812]

Moved from Bringing Family Members of US Citizens to America forum to General Immigration-Related Discussion.

[Mellow 8]

Hi, Everyone

I have been recently trying to request a Humanitarian Reinstatement of my I-130 petition.

My petition was approved in 1998 prior to my petitioner’s (LPR) death in 2001, so the petition was automatically revoked and I didn’t continue the immigration process.

I came to the US four years ago and have been legally residing in the US. But my recent circumstances compel me to request the reinstatement of the old approved petition on humanitarian ground. I know USCIS doesn’t approve this kind of Humanitarian Reinstatement too often but I believe I deserve a chance based on my current circumstances.

I spent a few months preparing a compelling request letter and other supporting evidence and sent the whole package to the USCIS with hope. To my surprise, my request was returned one week later by the USCIS with a letter, stating the following reason:

“Not Found.- Our records do not show that we have received the petition back from the Department of State. We cannot begin to entertain the request for Humanitarian consideration until the approved petition has been returned to our facility

Therefore, your submitted documentation is being returned. Please contact NVC or Consulate abroad to find out the disposition and location of the approved petition. Do not resubmit this documentation to our office until we have possession of the petition.”

I did contact NVC prior to my submission and was told the petition went through the termination process and was destroyed after I failed to apply for an immigrant visa.

So it seems a returned petition is a prerequisite to request Humanitarian Reinstatement. Without it, they don’t even take my request.

Since my petition was destroyed already, is this the end of my case? I did find at least two more than 10 years old humanitarian reinstatement cases which were taken by USCIS. I believe USCIS still keeps all my case information but why returning hard copy documentations is that important.

What am I going to do given this situation? Should I file a motion to reopen the petition or look for an experienced attorney?

Please advise, than you.

It's best to consult a good immigration lawyer for your case.

[Mark88 183]

This is a realy though one.

Since your petition was destroyed, there is no file of it at USCIS. If you don't have any copies and receipts of the first petition, an immigration lawyer won't be able to help you too much either.