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I am looking for an immigration attorney who has successfully handled a humanitarian immigration case.

Asked over 2 years ago - Saint Louis, MO

I had an approved petition from my US citizen dad filed at Nebraska Service Center on May 1987. After 11-1/2 years my father died. 6 months after his death, my priority date became current. All my siblings (4 of them) are US citizens. They were petitioned by my mother who preceded my father in death. I am in the US continuously for 19 years. May I apply for humanitarian revalidation based on my father's petition? Any of my siblings can file affidavit of support on my behalf. What is the chance of approval on humanitarian revalidation cases?

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Attorney answers (2)

Kevin Lawrence Dixler

Reputation Level 19

Answered over 2 years ago. Immigration Attorney in Chicago, IL.

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The Offices look to a lot of factors before deciding whether to offer humanitarian relief. The petition can be delayed. The adjudicator can look at other disqualifying factors in detail in the process. An attorney cannot inject themselves inside the mind of the adjudicator who will make the final decision. The attorney needs to know what has happened over the last 19 years. We need to know where you are from. We need to know your current health and that of your spouse or children, if you are married.

Of course, there may be other options that should be discretly discussed based upon our experience with family immigration matters that involve the regulatory exception to termination upon the petitioner's death.

Each local office tends to use a different level of discretion. I recommend that you schedule an appointment with an experienced immigration attorney before you file anything at this point.

The above is general information not legal advice. The above reply does not create an attorney-client relationship.

Law Office of Kevin L Dixler

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Daniel Shanfield

Reputation Level 10

Answered over 2 years ago. Immigration Attorney in San Jose, CA.

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Kevin makes a lot of good points. To determine eligibility for humanitarian reinstatement, the Government looks at the following factors, set forth in the State Department’s Foreign Affairs Manual (FAM):

(1) Disruption of an established family unit;
(2) Hardship to U.S. Citizens and lawful permanent residents;
(3) A beneficiary who is elderly or in poor health;
(4) A beneficiary who has had lengthy residence in the U.S.;
(5) A beneficiary who has no home to go to;
(6) Undue delay by INS or consular officers in processing the petition and the visa; and
(7) a beneficiary who has strong family ties in the U.S.

In my experience, documenting these factors requires a lot of hard work and the expertise of an immigration attorney who has succeeded in these cases. You should definitely contact a lawyer with some background in humanitarian reinstatement.

This answer is not to be considered legal advice, and is not intended to create or constitute a lawyer/client relationship. No one should act upon this answer without first seeking legal counsel.

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