humanitarian reinstatement

badabada Banned by Admin PExer
hi everyone.

tanong ko lang, how long does it take for your humanitarian reinstatement to be reinstated? anyone who knows or who had this experienced? my grandma petitioned for my dad ages ago, and we had received ds 3032 last feb. grandma died last year. my auntie is already stable in the us, plus my uncle is a retired military.
does it matters?

HOW LONG DOES IT TAKE TO BE REINSTATED? THANKS
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Comments

  • radenchavezradenchavez Member PExer
    bada wrote: »
    hi everyone.

    tanong ko lang, how long does it take for your humanitarian reinstatement to be reinstated? anyone who knows or who had this experienced? my grandma petitioned for my dad ages ago, and we had received ds 3032 last feb. grandma died last year. my auntie is already stable in the us, plus my uncle is a retired military.
    does it matters?

    HOW LONG DOES IT TAKE TO BE REINSTATED? THANKS

    same question..in addition, after HR has been reinstated or approved, how long does it take for the uscis to grant the visa? considering mine (petition) is filed here in manila office. thanks a lot!
  • JAJA FL160 PEx Rookie ⭐
    bada wrote: »
    hi everyone.

    tanong ko lang, how long does it take for your humanitarian reinstatement to be reinstated? anyone who knows or who had this experienced? my grandma petitioned for my dad ages ago, and we had received ds 3032 last feb. grandma died last year. my auntie is already stable in the us, plus my uncle is a retired military.
    does it matters?

    HOW LONG DOES IT TAKE TO BE REINSTATED? THANKS
    same question..in addition, after HR has been reinstated or approved, how long does it take for the uscis to grant the visa? considering mine (petition) is filed here in manila office. thanks a lot!

    How long reinstatement will take depends on which office is handling the request to reinstate the petition. The particular CIS office will depend on your own special facts.

    Generally, in cases where the petitioner has died and the beneficiary was residing in the US at the time of death, the request to reinstate the petition will be handled at the National Benefits Center (if adjusting status) or at the local CIS office with jurisdiction over the deceased petitioner's residence, or sometimes at the regional center that approved the petition. Depends on your facts. I would not expect the National Benefit Center reinstatement would add more than a month to the normal processing times, if even that. If the reinstatement request is at a local CIS office, some offices are fast (1-2 months) and some are slow (years!).

    Success is not so easy if the beneficiary was not living in the US when the petitioner died. These cases were not covered under the recent new law, so they follow the old, more difficult reinstatement procedures.

    I hope this is some help to you.
  • radenchavezradenchavez Member PExer
    JA wrote: »
    How long reinstatement will take depends on which office is handling the request to reinstate the petition. The particular CIS office will depend on your own special facts.

    Generally, in cases where the petitioner has died and the beneficiary was residing in the US at the time of death, the request to reinstate the petition will be handled at the National Benefits Center (if adjusting status) or at the local CIS office with jurisdiction over the deceased petitioner's residence, or sometimes at the regional center that approved the petition. Depends on your facts. I would not expect the National Benefit Center reinstatement would add more than a month to the normal processing times, if even that. If the reinstatement request is at a local CIS office, some offices are fast (1-2 months) and some are slow (years!).

    Success is not so easy if the beneficiary was not living in the US when the petitioner died. These cases were not covered under the recent new law, so they follow the old, more difficult reinstatement procedures.

    I hope this is some help to you.

    hi JA, thank you for the info. we submitted our HR here in dhs office manila. this is the filing office when the petition was approved last 1994. the beneficiary is here in the philippines when the petitioner dies. my mother is still in the US since 16 years. she is the substitute sponsor and we also submitted a joint sponsor. thanks again.
  • JamesNgoJamesNgo Member PExer
    Hi RadenChavez, there was a new policy memorandum within the USCIS regarding with the adjudication or processing of a petition after the Death of the petitioner. This is the link : http://www.uscis.gov/USCIS/Laws/Memoranda/2011/January/Death-of-Qualifying-Relative.pdf
  • JamesNgoJamesNgo Member PExer
    JA wrote: »
    How long reinstatement will take depends on which office is handling the request to reinstate the petition. The particular CIS office will depend on your own special facts.

    Generally, in cases where the petitioner has died and the beneficiary was residing in the US at the time of death, the request to reinstate the petition will be handled at the National Benefits Center (if adjusting status) or at the local CIS office with jurisdiction over the deceased petitioner's residence, or sometimes at the regional center that approved the petition. Depends on your facts. I would not expect the National Benefit Center reinstatement would add more than a month to the normal processing times, if even that. If the reinstatement request is at a local CIS office, some offices are fast (1-2 months) and some are slow (years!).

    Success is not so easy if the beneficiary was not living in the US when the petitioner died. These cases were not covered under the recent new law, so they follow the old, more difficult reinstatement procedures.

    I hope this is some help to you.

    Hi JA. How about the new policy memorandum of the USCIS ..http://www.uscis.gov/USCIS/Laws/Memoranda/2011/January/Death-of-Qualifying-Relative.pdf.. does the beneficiary was not living in the US will have a slim chance for the approval of HR?
  • JAJA FL160 PEx Rookie ⭐
    JamesNgo wrote: »
    Hi JA. How about the new policy memorandum of the USCIS ..http://www.uscis.gov/USCIS/Laws/Memoranda/2011/January/Death-of-Qualifying-Relative.pdf.. does the beneficiary was not living in the US will have a slim chance for the approval of HR?

    You are correct. If covered by the new law (effective 10/28/09), reinstatement is extremely easy. But if not covered, like radenchavez, reinstatement is under the old law, where they balance the pros and cons. Positive factors would be strong family ties in US, lengthy residence in US, hardship to legal relatives in US and disruption of the family, etc.

    It is hoped that the US Congress' favorable view of reinstatement under the new law will lead DOS and CIS take a more charitable view of the cases that still fall under the old law.
  • JamesNgoJamesNgo Member PExer
    Thanks JA for the info. please update us..
  • applec16applec16 Member PExer
    same case with ours.. My grandpa died 2002. Grandma is still alive. My dad's PD became current last year. Nilapit ng uncles and aunts ko yung case kay Atty. Gurfinkel but they were advised that we only have 20% chance of having reinstatement plus Gurfinkel's office is asking for $8,000/person as legal fees. Huwaw!
  • JAJA FL160 PEx Rookie ⭐
    applec16 wrote: »
    same case with ours.. My grandpa died 2002. Grandma is still alive. My dad's PD became current last year. Nilapit ng uncles and aunts ko yung case kay Atty. Gurfinkel but they were advised that we only have 20% chance of having reinstatement plus Gurfinkel's office is asking for $8,000/person as legal fees. Huwaw!

    $8,000?? Surely that was to pay for a lot more work than just a simple reinstatement request. If the beneficiary (your father) was not living in the US when your grandpa died, and is not in the US now, all there is to a Humanitarian Reinstatement request is

    (1) a detailed letter explaining the special reasons why the petition should be reinstated,

    (2) a substitute affidavit of support, and

    (3) supporting documents to verify the facts stated in the letter.

    In most cases, there isn't even a government filing fee!
  • applec16applec16 Member PExer
    Hi JA! Thanks for your response. The whole family has been saddened with how things are going. I think they are going to cancel the petition with the exorbitant fees that they are being quoted with.

    Anyway, with the filing of Humanitarian Reinstatement request, can my uncle do it on his own without the help of a lawyer? They say that every move you do "DAW" in the US would always be with a lawyer. I honestly don't think my Uncle and Aunt even considered doing it on their own.
  • gratzgratz nobody's PExer
    @applec16: that is so true. grabe maningil si gurfinkel. my auntie had a consultation with his firm and from what i can remember, it was USD18 000 for my family. we didnt push through for reinstatement. napaka liit ng chances, tas sobrang mahal pa.
  • applec16applec16 Member PExer
    @ gratz,

    Kaya nga.. Nalulungkot kame. Antagal namin nag-antay, in the end, wala rin pala. Ang nakakainis dito. From the time namatay Lolo ko (2002), they started consultations with him. He didn't even tell my relatives na ganun lang pala ang chances, pinaasa pa nila until nag-current PD namen. He just kept on saying na we will see after your PD becomes current. If they only knew yrs ago, nagpasa na sila ng separate petition with my Lola as sponsor.. Haaay.. :(
  • JAJA FL160 PEx Rookie ⭐
    applec16 wrote: »
    Hi JA! Thanks for your response. The whole family has been saddened with how things are going. I think they are going to cancel the petition with the exorbitant fees that they are being quoted with.

    Anyway, with the filing of Humanitarian Reinstatement request, can my uncle do it on his own without the help of a lawyer? They say that every move you do "DAW" in the US would always be with a lawyer. I honestly don't think my Uncle and Aunt even considered doing it on their own.

    Attorneys are like any other group. Some really know what they are doing, some know little but say they know everything, and some are just not honest. It is hard to tell who is which.

    With US immigration law, there are things you can do on your own without an attorney, but there are some times you need the help. Again, it is hard to tell those times apart!

    Humanitarian reinstatement is one of those things where you may need some help. An experienced attorney should know how to craft the request in a way that gives you the best chance of success.

    If you are good at persuasive writing and want to do it on your own, you might want to write a draft, then find a good attorney, pay just the consultation fee and have him review your draft to make suggestions for improvement. Just a thought...
  • JamesNgoJamesNgo Member PExer
    JA wrote: »
    $8,000?? Surely that was to pay for a lot more work than just a simple reinstatement request. If the beneficiary (your father) was not living in the US when your grandpa died, and is not in the US now, all there is to a Humanitarian Reinstatement request is

    (1) a detailed letter explaining the special reasons why the petition should be reinstated,

    (2) a substitute affidavit of support, and

    (3) supporting documents to verify the facts stated in the letter.

    In most cases, there isn't even a government filing fee!

    @applec16 : I think JA is right you can process your HR with out an attorney. I already submitted my HR to USCIS on my own. The same document as JA suggested here. They reopened my case and the decision may be out this month (MAY 2011). I don't expect to have a positive response. I think Humanitarian Reinstatement is not humanitarian at all. :rotflmao:
  • applec16applec16 Member PExer
    thanks guys for the response. Writing the request is now on my shoulders.. My uncle and my dad told me to do it for them.. hahaha! I'll probably start writing a draft next week.

    @JamesNgo,

    Would you mind sharing a copy of your letter?? Pls?? If you're not comfortable sharing, its ok.. :)
  • JamesNgoJamesNgo Member PExer
    @ applec : I will try to send it to you later
  • applec16applec16 Member PExer
    @JamesNgo,

    Yey! Pls send at [email protected]!

    Thanks so much!! :D
  • countessecountesse Member PExer
    hi...i was searching the net and came across this site... ummm im searching for information that could help my family process their request for human reinstatement. we actually ask help from a lawyer not that expensive compared to MG. but we were ask to outline facts that could help us in filing our request... do you have any sample on how to make a letter? thanks.
  • applec16applec16 Member PExer
    Hi Countesse!

    Can I know who's your lawyer pls? Thanks!

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