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Question
Hi,

I already know about the information about the law allowing substitute sponsor to take the place of a dead petitioner. The problem that we have is the steps in applying. Where this application be sent?  What are the application forms to be used?
To whom this application be addressed to? Do I really need a lawyer?  What is the address of this matter in the USCIS web page?
I cannot find it. In case the Attorney General says "no" to the humanitarian reinstatement, can this be appealed or a new updated set of applications be sent?  Thanks a lot.
Best regards, Fern

Answer
Eileen Chun-Fruto, Los Angeles immigration attorney writes:

Dear Fern,

Regarding a substitution for humanitarian reinstatement, that can be a wild goose chase.  You are right.  Step one is very very vague and CIS does not make it easy.  Generally, you have to file your request with the agency that initially approved the I-130.  Depending on how old the I-130 is, you may have an issue just requisitioning the file back to your local CIS/Service Center.  As far as the form to submit:  there is NO form.  This is how "extraordinary" the exception in the law is.  And you read me right...this is an exception, there is no form, no articulated procedure, no standard process, no guarantee on your request.

Do you really need a lawyer?  Only if you want to ensure that it's done by someone with experience.  To me, it's like filing your taxes or performing a surgery on yourself (or in this case, your relative).  Depending on how complex the issue is, depending on how much effort you want to put into it, depending on whether or not time is of the essence are all considerations that you should weigh.  

Finally, humanitarian reinstatements are not a priority to the USCIS.  CIS has reported in the past years that the queue is about 2+ years.  This is the reality, unfortunately.  But everyone has different results.  I wish you good luck.

Kind regards,
Eileen Chun-Fruto
www.fongandchun.com
www.immigrationvisaattorneyblog.com
http://www.superlawyers.com/california-southern/lawyer/Eileen-Chun-Fruto/e5bf6f7

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Eileen Chun-Fruto

Expertise

I can answer any employment-based immigration question including questions about PERM labor certifications, H-1B skilled workers, L-1A multinational managers or executives and L-1B specialized knowledge, R-1 and I-360 religious workers, investor cases (E Treaty Trader and E Treaty Investors and EB-5 "million dollar investors") and O-1 extraordinary ability cases. I can also answer any questions regarding family-based immigration, such as adoptions, waiver cases, consular processing (using foreign consulates to enter as an immigrant), marriage and fiance/fiancee cases, 245(i) cases, VAWA (Violence Against Women's Act), battered spouses, and Child Status Protection Act (CSPA).

Experience

I have over 12 years of experience in business and family immigration. I was a former law clerk for the Executive Officer for Immigration Review (the immigration courts) in San Francisco and I current serve as the California Service Center's (CSC) liaison on behalf of the Los Angeles County Bar Association. I represent individuals and corporations alike, ranging from professionals in the high tech, science, liberal arts fields. I have a special niche in working with start-up companies and individuals with more complex immigration issues.

Organizations
Member, American Immigration Lawyers Association Member, Los Angeles County Bar Association, Executive Committee on Immigration

Education/Credentials
J.D., University of California at Davis - King Hall School of Law (1997) B.A., University of California at Irvine, cum laude (1994)

Awards and Honors
2005, 2006, 2007, 2008: Selected to Southern California Rising Star - Super Lawyers List (an honor shared by no more than 2.5% of the attorneys practicing in the entire Southern California region) Faculty/Moderator on various AILA and LACBA continuing legal education seminars in the following topics: H-1B, O-1, religious workers, business immigration visas

Past/Present Clients
My typical business clients can range from a start-up company, established engineering and software research and development companies, manufacturing, trade and distribution companies, public and private schools, and religious organizations. Family clients include spouses, parent-child petitions, siblings, naturalization, and most especially, representation of abandoned and neglected children viewed as orphans under the immigration law. I have represented many clients who relied on special provisions of the immigration law to preserve or "grandfather" benefits to family members in limited (and complicated) circumstances, to avoid re-application fees and longer waiting times.

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