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hello and welcome to another edition of coffee talk with immigration attorney Brian D Lerner in this particular episode I would like to talk about some very good developments on the humanitarian reinstatement front and the procedures essentially that will be used in order to apply under the essentially amended and new law so first let me just describe briefly what is a humanitarian reinstatement now let's just say that your father petitioned you 12 years ago and the visa number looks like it might be current in three years four years from now meaning it takes a long time and let's say unfortunately last year your father died okay under normal circumstances and the way it's been for some time the petition itself will have also died and you will have to file what's called a humanitarian reinstatement and essentially what that is is when it's exactly what it says for humanitarian reasons and there's all kinds of ways of showing that but for humanitarian reasons they will reinstate the petition the i-130 petition so that you are able to proceed forward and to go and do what is necessary in order to get the petition to go forward as though it were still active and even though you still were able to make the you know the the wait for years and years and years proceed forward and so that's how normally the humanitarian reinstatement works and then what happens is you submit it and if they approve it and you've submitted everything you need to then they reinstate the petition you have a substitute co-sponsor basically who will take over the responsibilities of you have money to pay for so you won't become a public charge and then you go from there well they now have incorporated a new law which I'll do some more videos in the future on the exact specifics of how you need to proceed and do this but for all intents purposes if you were in the United States at the time that the petitioner died and you are still in the United States at the time basically you're listening to me now then there is essentially a way of doing this without having to do the humanitarian reinstatement you follow the the new law that's been implemented based on a case that was issued and it goes forward assuming you can show everything you need to and it against it's not automatic insofar as they're still discretion for you no denial if they don't feel um that you know you qualify for it and so forth but it's a thousand times better than having to do the humanitarian reinstatement which of course a lot of people will still have to do because a lot of people weren't in the country at the time the petitioner died and or are not in the country now and given that if you know that this is gonna happen and the petitioner is about to pass away you need to do everything you can to get in the country which you know give my office a call I'll let you know how you might be able to do some parole applications and so forth to get in because if there's a way of saving fifteen years of having to wait in order to proceed forward well then there's no need to of course start all over again and it not only helps you but it helps the beneficiaries which you know could very well be your spouse and you know your twelve children whatever it is we're all unmarried and under 21 so it's a great development so if you're in a situation where you the beneficiary have been waiting four years and the petitioner died then give me a call I'll give you the consultation let you know what needs to be done and then go from there no need in some cases now to do the humanitarian reinstatement no need to go forward and lose all those years and even if you have to do a humanitarian reinstatement I'm gonna argue that the burden should be less now because they're allowing all these other people to go forward and just pick up the petition where it took off and just because you happen to be outside the United States shouldn't mean that you're not able to in some way take advantage of the new law okay more on the coming videos