Can I Still be Able to Apply for U.S. Permanent Residence after Husband Died?

Question:

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?

Answer:

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 condition.

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.