U.S. Citizenship and Immigration Services (USCIS)
Death notification, 3 survivor benefits, and required documents
USCIS Contact Center
U.S. Citizenship and Immigration Services is the Department of Homeland Security agency that administers lawful immigration to the United States, including family-based petitions, green card applications, and naturalization. When a U.S. citizen or lawful permanent resident dies, USCIS handles surviving-spouse self-petitions (Form I-360), conversion of pending Form I-130 petitions, and hardship waivers for conditional residents whose petitioning spouse has died (Form I-751).
Death notification
USCIS does not receive automatic notification of a U.S. citizen or lawful permanent resident's death. If the deceased had a pending Form I-130 petition for a spouse, that petition is automatically converted to a Form I-360 widow(er) self-petition under section 201(b)(2)(A)(i) of the Immigration and Nationality Act — the surviving spouse does not need to file a new Form I-360. For other pending applications (conditional resident I-751 cases, naturalization N-400 cases, or other family-based petitions), the surviving spouse, child, or executor should contact the USCIS Contact Center to report the death and ask how the pending matter is affected. Include a certified copy of the death certificate with any case-specific correspondence.
Deadline: If the deceased was a U.S. citizen who had not yet filed Form I-130 for a noncitizen spouse, the surviving spouse must file Form I-360 within 2 years of the citizen spouse's death to qualify as a widow(er) under section 201(b)(2)(A)(i) of the Immigration and Nationality Act.
Survivor benefits
The USCIS offers 3 benefits for surviving family members.
Widow(er) Self-Petition (Form I-360)
The surviving spouse of a deceased U.S. citizen may self-petition for an immigrant visa by filing Form I-360. Section 568(c) of Pub. L. 111-83 (enacted Oct. 28, 2009) amended the Immigration and Nationality Act to eliminate the prior requirement that the marriage have lasted at least 2 years before the citizen spouse's death. The petition must be filed no later than 2 years after the citizen spouse's death, and eligibility ends if the surviving spouse remarries before immigrating or adjusting status.
Form I-751 Hardship Waiver After Death of Petitioning Spouse
A conditional permanent resident (a green-card holder whose status was granted based on a marriage less than 2 years old at the time of admission) whose petitioning U.S. citizen or lawful permanent resident spouse dies may file Form I-751 to remove the conditions on residence without the deceased spouse, provided the marriage was entered into in good faith. This waiver eliminates the normal joint-filing requirement.
Automatic Conversion of Form I-130 to Form I-360
If a deceased U.S. citizen filed Form I-130 (Petition for Alien Relative) on behalf of a surviving spouse before dying, USCIS automatically converts that pending or approved Form I-130 to a Form I-360 widow(er) petition. The surviving spouse does not need to file a separate Form I-360. Section 204(l) of the Immigration and Nationality Act may allow USCIS to approve the petition even if the surviving spouse remarries, when the petition was originally filed as a Form I-130.
Forms
Surviving spouse of a deceased U.S. citizen self-petitions for an immigrant visa. Must be filed within 2 years of the citizen spouse's death; eligibility ends on remarriage before immigrating or adjusting status.
View form →A U.S. citizen or lawful permanent resident establishes a qualifying family relationship to sponsor a relative for a green card. If the petitioning U.S. citizen dies before the beneficiary spouse adjusts status, USCIS automatically converts a pending or approved I-130 to a Form I-360 widow(er) petition.
View form →A conditional permanent resident (whose green card was granted based on a marriage less than 2 years old at admission) applies to remove conditions. After the death of the petitioning U.S. citizen or lawful permanent resident spouse, the conditional resident may file individually with a waiver of the joint filing requirement, supported by the death certificate and proof of a bona fide marriage.
View form →When someone dies
Notifying the USCIS after a death
6-step process, 7 required documents, and 3 survivor benefits.
View details →Frequently asked questions
USCIS filing fees change periodically and depend on the form, form edition, and filing method (online vs. paper). Always check the current Fee Schedule at uscis.gov/forms/filing-fees/fee-schedule before mailing your petition. USCIS no longer accepts personal or business checks, money orders, or cashier's checks for paper-filed forms unless you qualify for an exemption.
USCIS Contact Center