THE THREE OPTIONS

1. Widow(er) Petition under INA 201(b)(2)(A)(i)

Widow(er)s of U.S. citizens have the broadest avenue of relief should their U.S. citizen spouse die. The statute allows them to remain classified as immediate relatives and to continue to be eligible to immigrate if they file an I-360 self-petition within two years of the death of the U.S. citizen or to automatically convert an already-filed I-130 to an I-360.

See Widow Petition Page for more info.

2. INA § 204(I)

204(l) Covers:

• Principal or derivative beneficiary of a pending or approved I-130 petition, when petitioner died;
• Derivative beneficiary of a pending or approved I-130 petition, when the principal beneficiary died;
• Derivative beneficiary of a pending or approved I-140 employment-based petition, when the principal
  beneficiary died;
• Beneficiary of a pending or approved I-730 refugee/asylee relative petition, when the petitioner died;
• Derivative of a T or U nonimmigrant visa holder, admitted as a derivative when the principal has died;
• Derivative asylee, where the principal asylee died.

In 2009, Congress created a broad protection for survivors with the enactment of INA § 204(l). There are no regulations on this provision, but there is a USCIS Policy Memo.

USCIS, 204(l) Memo and USCIS Webpage, “Basic Eligibility for Section 204(l) Relief for Surviving Relatives,” https://www.uscis.gov/greencard/section-204l-relief-surviving-relatives, The USCIS Webpage also has an overview of the three types of survivor relief discussed here: 204(l), widow/widowers of U.S. citizens, and humanitarian reinstatement, https://www.uscis.gov/sites/default/files/USCIS/Outreach/Upcoming%20National%20Engagements/National%20Engagement%20Pages/2011%20
Events/Sept.%202011/I-130_Humanitarian_Relief_Presentation_09_27_2011.pdf.

See INA 204(I) Page for more info.

3. Humanitarian Reinstatement: Petitioner Dies, Beneficiary Has an Approved Petition

This limited relief can only be requested by the principal beneficiary of an approved petition, thus it is not a possible remedy for someone whose long pending petition had not yet been approved, nor can it provide a remedy for derivatives of a principal beneficiary. USCIS treats this as an entirely discretionary request, and denials cannot be challenged by appeal.

See Humanitarian Reinstatement Page for more info.