Pending Form I-130, Petition for Alien Relative
As of October 28, 2009, any pending Form I-130 that was filed on a widow(er)’s behalf prior to the citizen spouse’s death will automatically convert to a widow(er)’s Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, so long as, on the date of the citizen spouse’s death, they qualified as an immediate relative under the INA and the FY2010 DHS Appropriations Act. Additionally, any Form I-130 that has been the subject of litigation in any Federal court on the issue of the effect of the petitioner’s death is reopened for a new decision as of December 2, 2009, the date of issuance of the USCIS implementing directive. USCIS will identify those cases that are the subject of litigation that was pending on October 28, 2009. Once a case is identified, USCIS will notify the widow(er) in writing that their Form I-130 has been reopened and adjudicated as a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. Eligibility for classification as an immediate relative ceases if the widow(er) remarries.