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I applied for legal status on behalf of my U.S. citizen wife---after I was approved, she passed away. Can I complete my process?

Houston, TX |

I had been approved (I-130)

Attorney Answers 3


  1. Yes, under 204(L).

    The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.


  2. Yes, you need to talk to an immigration attorney about survival spouse benefits.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


  3. Yes, you can complete the process, but you should consult a qualified immigration attorney for guidance. The approved I-130 petition automatically converts to an approved I-360 upon your wife's death - you will need to send a death certificate to USCIS. You haven't mentioned whether you are adjusting status or consular processing (and if the latter, whether you will need a waiver). If you were going to need a waiver, upon the death of the spouse, you will automatically meet the hardship requirement, but you will have to show that you are entitled to a favorable exercise of discretion. I realize I'm answering more than you asked, but that should highlight the need for you to speak with a qualified immigration lawyer. You can find one in your area at www.ailalawyer.org. I am so sorry for your loss and wish you the best of luck with the completion of this process. I have attached a link to USCIS's webpage would may provide you with a little more information.

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