F2B Petitioner Death: Is Green Card Eligibility Still Possible?

Key Takeaways

• Humanitarian reinstatement allows approved F2B Green Card petitions to continue after the petitioner’s death, with strict requirements.
• USCIS requires a qualified substitute sponsor and strong hardship evidence; decisions can take six months or longer.
• Recent policy updates mean closer review of sponsors, more emphasis on hardship, and persistent pandemic-related processing backlogs.

When a family faces the death of an F2B Green Card petitioner, it can feel like all hope for immigration to the United States 🇺🇸 is lost. However, as of April 2025, U.S. immigration law still offers a way forward through a special permission called humanitarian reinstatement. Over the past year, there have been updates in policies and real-life practices that are important for families, applicants, and legal helpers to understand. If you’re dealing with the petitioner’s death in an F2B Green Card case, knowing these details can make a big difference.

What Is Humanitarian Reinstatement in F2B Green Card Cases?

The F2B Green Card is for unmarried sons and daughters (over 21 years old) of lawful permanent residents, who are also called green card holders. Usually, if the person who petitioned (the petitioner) for your green card dies before you receive it, immigration law says the approved petition (Form I‑130) is automatically canceled. But there’s an exception called humanitarian reinstatement. This is a special request you can make to the United States Citizenship and Immigration Services (USCIS) to bring back your approved petition after the petitioner’s death.

Who Can Ask For Humanitarian Reinstatement?

You can only ask for humanitarian reinstatement if the I‑130 petition was approved before the petitioner passed away. If the petition was still pending when your loved one died, you can only keep going under another rule, Section 204(l), but only if you were living in the United States 🇺🇸 at the time of their death and until your case is approved.

If your case was approved and you want to move forward after the petitioner’s death, you must:

• Have an Approved Form I‑130: The petition must have been approved before your loved one died. If not, and you were not living in the U.S., humanitarian reinstatement is not available to you.
• Get a Substitute Sponsor: You will need a close relative to serve as your new financial sponsor.

Who Can Be a Substitute Sponsor?

A substitute sponsor has to meet the following:

• Must be at least 18 years old.
• Must be a U.S. citizen or lawful permanent resident (has a green card themselves).
• Must be closely related to you. Acceptable relationships include spouse, father, mother, son or daughter (over 18), brother, sister, parent-in-law, child-in-law, grandparent, grandchild, legal guardian, or adoptive parent. Distant relatives don’t qualify.

The substitute sponsor needs to fill out Form I‑864 (Affidavit of Support), which means they promise to help you financially if needed. They must show income at or above 125% of the federal poverty level. You can find information and requirements for Form I-864 on the official USCIS website.

How Does USCIS Decide on Humanitarian Reinstatement?

USCIS does not grant humanitarian reinstatement automatically. Officers take time to review every request based on each family’s situation. There are no set timelines or guarantees, and the decision is considered “discretionary,” which means each officer weighs positive and negative factors.

Here are some important things USCIS looks at:

• How denying the case would break up families that are already together in the United States 🇺🇸.
• How much hardship (difficulty) would be caused if the green card is not given. This can include emotional, medical, financial, or safety problems.
• The age, health, or weaknesses of the applicant.
• Whether the applicant has a long history of living in the United States 🇺🇸, even on a temporary basis.
• The availability of other family or community support in the applicant’s home country.

For example, an older parent who lives alone outside the United States 🇺🇸 and has no one to care for them might have a strong case for humanitarian reinstatement. A family whose only caregiver is in the United States 🇺🇸 might also present strong reasons.

USCIS officers will say, “The decision will be based on whether positive factors outweigh negative ones… There are no set rules.” Even with excellent, complete documents, there is always some risk. If your request is denied, you must start over with a new petition, and your place “in line” (priority date) is lost.

Step-by-Step Application for Humanitarian Reinstatement

If you are asking for humanitarian reinstatement after a petitioner’s death, follow these carefully:

1. Gather Your Documents:
   • A copy of the approved Form I‑130 notice.
   • Death certificate of the petitioner.
   • Proof showing the relationship to both the original petitioner and the substitute sponsor.
   • A letter clearly explaining why you are asking for reinstatement, focusing on hardship and humanitarian need.
   • Evidence supporting your claims (for example, medical records, school or job letters, statements from family).
   • Completed Form I‑864 and supporting financial documents from the substitute sponsor.
2. File With the Right Office:
   • Send your request for humanitarian reinstatement to the office that handled your I‑130 approval.
   • The address for this office is shown on your approval notice, listed in the “Notice Type: Approval Notice” section near the bottom.
   • If you send your request to the wrong office, there could be long delays or your application could even be returned.
3. Expect Longer Processing Times:
   • Over the last year, lawyers and advocates have reported that it now often takes up to 6 months, or even longer, for USCIS to make a decision.
   • This is mostly due to backlogs caused by cases piling up during the pandemic, but agency efforts to fix old delays have not moved quickly enough.
   • No extra fees are required when you submit a humanitarian reinstatement request.

Section 204(l) Relief—What’s Different?

If your I‑130 petition was not yet approved when the petitioner died, there is another possible path—but only for some people. Section 204(l) of the Immigration and Nationality Act allows some applicants to continue their green card process even after the petitioner’s death, if:

• You were living in the United States 🇺🇸 at the time of your relative’s death.
• You have continued living in the United States 🇺🇸 ever since.

If you don’t meet these requirements, especially if you’re living abroad, humanitarian reinstatement is your main option. For example, if you are an F2B Green Card applicant living outside the United States 🇺🇸 and your approved petition’s sponsor passes away, your only chance is likely with humanitarian reinstatement.

Here’s a simple table to help understand the difference:

Why Priority Dates Matter

In the F2B Green Card category, the wait times can be very long. There are far more applicants than available green cards each year, so your “priority date” (the date when your petition was first received) is really important. As reported by VisaVerge.com, keeping or saving your old priority date through humanitarian reinstatement can save you many years of waiting.

If you lose your spot because your request is denied, you must start again with a new petition—and move to the back of the line. This is a key reason why families and legal advocates work so hard to make the humanitarian reinstatement request as strong as possible.

Real-Life Examples of Approval

Attorneys who work with immigrant families have shared stories that help show which cases are more likely to succeed:

• Minor siblings living together in the United States 🇺🇸 who would be separated if the green card were denied.
• Elderly parents living alone in their home country with no one to care for them.
• Cases involving serious medical problems where care is not available outside the United States 🇺🇸.

Cases with weak family ties or little hardship, or where the paperwork is incomplete, are less likely to be approved.

Recent Updates and Practical Tips (2025)

USCIS has made some practical changes in how these cases are handled:

1. Careful Review of Substitute Sponsors: Officers are checking more closely to confirm the sponsor is eligible—remember, only close relations qualify.
2. More Focus on Hardship Evidence: The best requests include detailed documents like medical records, school letters, and personal statements from family members who would be harmed if the request is denied.
3. Backlog Issues Remain: Despite efforts to speed up cases, humanitarian reinstatement requests can still take six months or longer for a decision.

What Should You Do Now If You’re in This Situation?

• Act Fast: Start gathering documents and writing your explanation quickly. The more time passes, the harder it is to get key evidence.
• Check Sponsor Eligibility: Double-check that your chosen substitute sponsor is at least 18, a U.S. citizen or green card holder, and a qualifying family member.
• Get Help If You Can: Consider getting legal advice. Many lawyers know what kinds of evidence work best and how to explain your case so that positive factors stand out.
• Watch for Updates: Keep checking the official USCIS humanitarian reinstatement page and the Visa Bulletin for news about priority dates and category changes.

Common Questions About Humanitarian Reinstatement

• Is there a filing fee?
  No, there’s no fee to request humanitarian reinstatement.
• How long does it take?
  It usually takes at least six months, sometimes longer due to backlogs.
• Does everyone qualify?
  No, you must have an approved I‑130 and a substitute sponsor who fits the rules.
• What if my request is denied?
  You have to file a new I‑130 and start over, which means waiting even longer.

Timeline: How Policy Developed

Over the years, the humanitarian reinstatement process has not changed much in law, but USCIS now asks for more detailed documents and reviews sponsor eligibility more carefully. Attorney reports and practitioner groups note that since 2020, post-pandemic delays have made outcomes more uncertain, making good records and evidence even more important.

Table: Quick Recap (April 2025)

Closing Advice

The death of a loved one during an F2B Green Card process is very hard—emotionally and practically. The path offered by humanitarian reinstatement isn’t easy. It demands clear evidence, the right sponsor, and strong explanations of hardship. Changes in USCIS handling and ongoing delays mean many families wait longer and must work harder to prove their need.

If you’re dealing with this, check the official USCIS page for the latest instructions and updates. Good preparation, careful document gathering, and sound advice can help you move forward. Immigration rules continue to shift with new policies and changing priorities, so always get professional help for your own situation.

This article offers general information and does not replace legal advice. For your own F2B Green Card, humanitarian reinstatement, or issues related to a petitioner’s death, consult a licensed immigration lawyer or accredited representative.

Learn Today

Humanitarian Reinstatement → A process allowing an approved I‑130 petition to continue after the petitioner’s death due to special circumstances.
F2B Green Card → A U.S. immigrant visa for unmarried adult children (over 21) of lawful permanent residents.
Substitute Sponsor → A close relative who assumes financial responsibility for the applicant after the original sponsor (petitioner) has died.
Affidavit of Support (Form I-864) → A required form where the sponsor promises to provide financial support to the immigrant, ensuring they won’t need public assistance.
Section 204(l) Relief → A legal provision allowing some applicants to proceed with a pending petition after the petitioner’s death, if living in the U.S.

This Article in a Nutshell

Losing an F2B Green Card petitioner can seem hopeless, but humanitarian reinstatement offers a path forward. Applicants must have an approved I‑130 and a qualified substitute sponsor. USCIS decisions are discretionary, with increasing emphasis on hardship evidence and sponsor eligibility. Processing times frequently exceed six months, with ongoing policy reviews.
— By VisaVerge.com