Question:
My U.S. citizen husband died
last month. The Form I-130 application
for my immigration has been approved by USCIS. What can I do for my
immigration status in United States?
Answer:
The widow or widowers often find themselves
facing not only the loss of a loved one - U.S. citizen, but an absence
of immigration
options and the risk of removal or deportation from the United States.
This has resulted in various legal challenges and proposed legislation.
There can be serious
immigration problems faced by surviving foreign national spouses of
U.S. citizens, if the U.S. citizen dies before the marriage has lasted
at least two years. The issue surrounds options
available to the widow or widower
of a U.S. citizen, if his or her marriage was not marked by at least a
second anniversary at the time of the U.S. citizen's death. But these problems do not exist
for foreign national spouses who have been granted permanent residence.
If the marriage has endured for at least two years, there is an option
for the widow or widower to self-petition for
immigration relief. Additionally, there is an option if the marriage
was less than two years in duration, but a Petition for Alien Relative
(Form I-130) should be approved before the death.
The general rule is that an I-130 petition is automatically revoked if
the petitioning relative dies. There is an exception that can be
granted on humanitarian grounds if the I-130 petition was approved
before the death.
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