U.S. Citizenship and Immigration Services (USCIS)
Death notification, 3 survivor benefits, and required documents
OverviewWhen someone dies
USCIS Contact Center
Phone800-375-5283
TTY800-767-1833
WebsiteVisit website→
HoursMonday through Friday, 8:00 a.m. to 8:00 p.m. ET (live assistance); automated phone system available 24 hours
Verified May 2026
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
I-360Petition for Amerasian, Widow(er), or Special Immigrant
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 →I-130Petition for Alien Relative
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 →I-751Petition to Remove Conditions on Residence
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
Phone800-375-5283
TTY800-767-1833
WebsiteVisit website→
HoursMonday through Friday, 8:00 a.m. to 8:00 p.m. ET (live assistance); automated phone system available 24 hours
Verified May 2026