I have a conditional Green
Card (Conditional Residency). Since my U.S. citizen husband died
recently, can I still be able to apply for U.S. permanent residence?
If an adjustment applicant
would have received permanent residence on a conditional basis due to
the recent nature of the marriage to the petitioning spouse, but the
petitioning spouse dies before adjustment is granted, then the
adjustment applicant should receive permanent residence without
Even if the adjustment applicant obtained conditional permanent
residence, the fact that the marriage was terminated due to death would
make the applicant eligible to apply for a waiver of certain
requirements associated with conditional permanent resident status.
The USCIS officer may grant an eligible applicant permanent residence
without conditions if the officer determines the marriage was bona fide
and entered into in good faith while the qualifying relative was alive.