USCIS

Federal Benefits

U.S. Citizenship and Immigration Services (USCIS)

Immigration cases and petitions affected when a petitioner or applicant dies

When someone dies Survivor benefits Forms

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 the relative who petitioned for someone dies, the petition does not automatically end the case: section 204(l) of the Immigration and Nationality Act lets USCIS approve or reinstate petitions and related applications for surviving relatives who were living in the United States when the relative died and still live here. Surviving spouses of U.S. citizens have a separate route — a Form I-360 widow(er) self-petition — and a pending or approved Form I-130 filed by a citizen spouse converts to a Form I-360 automatically.

Notifying the USCIS when someone dies

A family member reports the death. USCIS's page on what to do after a death →

Surviving spouses

Wait for the automatic conversion when the deceased U.S. citizen had filed Form I-130 for the spouse. It becomes a Form I-360 widow(er) petition with no new filing, and a pending Form I-485 keeps going.

File Form I-360 within 2 years of the death, and before remarrying, when the citizen had filed no Form I-130:

•Include evidence of the bona fide marriage and the death certificate
•Add unmarried children under 21 as derivatives
•File Form I-485 with the Form I-360 or after it

File Form I-751 individually with a death-of-spouse waiver when the survivor holds conditional residence:

•Include copies of the front and back of the Permanent Resident Card and the death certificate
•Add evidence the marriage was entered in good faith, from the date of marriage to the date of death
•File at any time before a final removal order; the 90-day window does not apply

Update the mailing address on every pending case through a USCIS online account or uscis.gov/addresschange, and call 800-375-5283 (TTY 800-767-1833) about any other pending matter.

Other surviving relatives

Request 204(l) relief in writing, with no form or fee, for any beneficiary whose petition did not convert, including every beneficiary of a deceased permanent resident:

•Pending petition: ask USCIS to approve it under 204(l), writing to the office processing the case
•Approved petition: ask USCIS to reinstate the approval under 204(l), and for humanitarian reinstatement in the same request, writing to the office that approved it
•Show that at least one beneficiary lived in the United States at the death and still does

Include the death certificate, with a certified English translation if needed, every A-number, the receipt number, proof of U.S. residence since the death, and a Form I-864 from a substitute sponsor.

Tell USCIS about the death before it decides a pending Form I-485:

•Ask about any case denied on or after Oct. 28, 2009 without 204(l) review; USCIS reopens such cases on its own motion

Update the mailing address on every pending case through a USCIS online account or uscis.gov/addresschange, and call 800-375-5283 (TTY 800-767-1833) about any other pending matter, with the A-numbers and receipt numbers at hand.

Families of service members

File Form N-644 within 2 years of the death to request honorary posthumous citizenship, mailed to the USCIS California Service Center. An executor or administrator includes a certified copy of the letter of appointment.

File Form I-360 within 2 years of a combat-related death as a surviving immediate relative, checking Box P in Part 2 and writing Public Law 108-136.

File Form N-400 to naturalize as the service member's surviving spouse, child or parent with permanent residence, checking Box E in Part 1 and citing INA 319(d) in the space provided.

Required Documents

Death certificate of the qualifying relative: With a certified English translation if it is not in English.
Proof of the beneficiary's U.S. residence: That the beneficiary resided in the United States when the relative died and continues to reside here: a lease or mortgage, utility bills, pay stubs or school records.
A-numbers and the receipt number: The Alien Registration Number of the deceased and of every beneficiary, plus the receipt number on the petition or application.
Form I-864, Affidavit of Support, from a substitute sponsor: where an affidavit of support is required
Marriage certificate or other evidence of the family relationship: Evidence of the qualifying family relationship to the deceased.
Evidence of a bona fide marriage: Joint financial documents, lease or property records, birth certificates of children, or third-party affidavits.
Copies of the front and back of the Permanent Resident Card: if filing Form I-751
Evidence supporting a favorable exercise of discretion: on a humanitarian reinstatement request. Family impact, age or health, length of lawful residence, and ties to the home country.
Government-issued photo identification: Of the surviving relative or filer.
Certified copy of the letter of appointment: when an executor or administrator files Form N-644

Timeline

Processing times vary by form, form edition and service center; current estimates are at uscis.gov/processingtimes.

Deadlines5

Form I-360 widow(er) self-petition, when the citizen spouse had filed no Form I-130 for the survivor: within 2 years of the U.S. citizen spouse's death; Eligibility for the widow(er) immigrant classification is generally lost.^{1, 2}
Form N-644, Application for Posthumous Citizenship, for a service member: within 2 years of the service member's death^{3, 4, 5}
Form I-360 filed by a surviving relative of a service member who died of combat-related injury or disease: within 2 years of the death^{6, 7}
Notice of the death on a pending Form I-485 adjustment application: before USCIS adjudicates the application; An unnoticed death can produce a denial that then has to be reopened.⁸
Form I-751 with a waiver of the joint filing requirement after the petitioning spouse's or stepparent's death: any time until a final removal order has been issued^{9, 10}

What USCIS pays or provides to survivors8

Section 204(l) Relief for Surviving Relatives

Immigration relief for surviving relatives

Lets USCIS decide a petition, an adjustment of status application and any related applications notwithstanding the death of the qualifying relative. Relief is discretionary: USCIS may decline it as not in the public interest, and treats the intent of the law as a strong favorable factor.^{8, 11, 12}

Who qualifies: At least one beneficiary resided in the United States when the relative died and still does, which covers every derivative. Residence is the actual dwelling place: a vacation or work trip does not interrupt it, and presence at the death is not required.

How to apply: With no form or fee, write to the office processing the case if it was pending, asking "to approve the petition under section 204(l)," or to the office that approved it, asking "to reinstate the approval of the petition under section 204(l)."

Widow(er) Self-Petition (Form I-360)

Immigration relief for surviving relatives

The surviving spouse of a deceased U.S. citizen may self-petition on Form I-360; since Oct. 28, 2009 a marriage of any length can qualify. Unmarried children under 21 may be derivatives even if the deceased never petitioned for them, and the Child Status Protection Act freezes their ages so they do not age out.^{1, 13, 14}

Who qualifies: Legally married to the citizen at the death, in good faith, and not divorced or legally separated then; not remarried, unless eligible under INA 204(l) on a petition first filed as a Form I-130; filing within 2 years of the death; admissible.

How to apply: File Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. Form I-485 may be filed with the Form I-360 or after it. Form I-360.

Automatic Conversion of Form I-130 to Form I-360

Immigration relief for surviving relatives

If a U.S. citizen filed Form I-130 for a spouse before dying, USCIS converts that pending or approved petition to a Form I-360 widow(er) petition automatically, and the survivor files nothing. It applies only to a petition filed by a citizen spouse; a permanent resident petitioner's death converts nothing.^{1, 15, 16}

Who qualifies: Surviving spouse for whom the deceased U.S. citizen filed a Form I-130 before death; not divorced or legally separated at the time of death.

How to apply: No separate filing is required. A Form I-485 already filed on the spouse's Form I-130 continues to be processed, with no new application. Form I-130.

Humanitarian Reinstatement of an Approved Form I-130

Immigration relief for surviving relatives

A discretionary remedy under 8 CFR 205.1(a)(3)(i)(C)(2), older than section 204(l), for the principal beneficiary of a Form I-130 approved before the petitioner died. It cannot be granted if the petitioner died while the petition was pending; derivatives cannot request it but benefit if it is granted.^{17, 16}

Who qualifies: Principal beneficiary of a Form I-130 approved before the petitioner died, with a substitute sponsor willing and able to file Form I-864, and facts warranting a favorable exercise of discretion.

How to apply: With no form or fee, write to the office that approved the petition, asking for 204(l) relief and humanitarian reinstatement in one request. Show family impact, age or health, lengthy lawful residence, ties to the home country and processing delays.

Naturalization for Surviving Relatives of a Service Member (INA 319(d))

Immigration relief for surviving relatives

The spouse, child or parent of a U.S. citizen service member who died during honorable active-duty service may naturalize, including relatives of service members granted posthumous citizenship. The general naturalization requirements apply, but not the residence and physical presence requirements.^{6, 18}

Who qualifies: A permanent resident spouse, child or parent. A spouse was living with the service member, or apart for reasons beyond their control such as military service, and not legally separated at the death; a later remarriage does not end eligibility.

How to apply: File Form N-400, Application for Naturalization, checking Box E in Part 1 and writing "Section 319(d) of the INA" in the space provided. Form N-400.

Form I-751 Waiver After Death of the Petitioning Spouse or Stepparent

Immigration relief for surviving relatives

A conditional permanent resident whose petitioning citizen or permanent resident spouse or stepparent dies may file Form I-751 individually, with a waiver of the joint filing requirement, where the marriage was entered into in good faith.^{9, 10}

Who qualifies: Conditional permanent resident through marriage to a U.S. citizen or permanent resident whose petitioning spouse or stepparent has died; the marriage was entered into in good faith and not to circumvent the immigration laws.

How to apply: File individually with the waiver request at any time until a final removal order; the 90-day window applies to joint petitions. Include both sides of the Permanent Resident Card, the death certificate and evidence of a bona fide marriage up to the death. Form I-751.

Posthumous Citizenship for a Service Member (Form N-644)

Document or record the agency issues

Honorary status commemorating the service member's sacrifice; it "does not convey any benefits under the Immigration and Nationality Act to any relative of the decedent." On approval USCIS issues Form N-645, Certificate of Citizenship, establishing citizenship as of the date of death and invalid for all other purposes.^{3, 19, 5}

Who qualifies: A noncitizen or noncitizen national whose death resulted from injury or disease incurred on active duty with the U.S. armed services during specified periods of military hostilities.

How to apply: File Form N-644 within two years of the death, mailed to the USCIS California Service Center. An executor or administrator includes a certified copy of the letter of appointment. Form N-644.

Immediate-Relative Self-Petition After a Combat-Related Death (Form I-360)

Immigration relief for surviving relatives

Surviving relatives of a service member who died from combat-related injury or disease may self-petition on Form I-360 as immediate relatives within 2 years of the death, under section 1703 of Pub. L. 108-136.^{6, 7, 13}

Who qualifies: A surviving spouse, child or parent of a service member who died of combat-related injury or disease.

How to apply: File Form I-360 within 2 years of the death, checking Box P in Part 2 and writing "Public Law 108-136." Form I-360.

What happens to each matter2

Immigration petition or case

Section 204(l) covers the principal or derivative beneficiary of a Form I-130 whose petitioner died, whether a U.S. citizen or a permanent resident, and a derivative beneficiary of a Form I-130 or Form I-140 whose principal beneficiary died.^{8, 11}

It also covers the beneficiary of a pending Form I-730 whose petitioner died; a derivative T or U nonimmigrant, derivative asylee, derivative VAWA beneficiary, or Cuban Adjustment Act or HRIFA derivative whose principal died; and a conditional resident child filing a Form I-751 waiver whose parent died.¹¹

An approved petition is automatically revoked by operation of law when the petitioner dies. USCIS describes revocation and reinstatement as a procedural step that lets it check whether section 204(l) applies; the beneficiary asks for the approval to be reinstated.^{16, 17}

If the petitioning spouse dies before adjustment of status is granted, the applicant should receive permanent residence without conditions, rather than conditional status.²⁰

The petitioner's death does not remove the Form I-864 requirement: the beneficiary needs one from a substitute sponsor, even if the deceased had already completed one. If the principal beneficiary died instead, the original petitioner still files it for the derivatives.²¹

A substitute sponsor is a U.S. citizen, national or permanent resident, at least 18, who is the beneficiary's spouse, parent, parent-in-law, sibling, child, son, daughter, son- or daughter-in-law, sister- or brother-in-law, grandparent, grandchild or legal guardian.^{21, 22}

A derivative of an employment-based petition needs a substitute sponsor only where a citizen or permanent resident relative owns 5% or more of the petitioning company. T and U nonimmigrants, asylees and refugees do not need Form I-864, and some beneficiaries are exempt on work history.^{8, 23}

Pending claim or application

A case denied on or after Oct. 28, 2009 without considering section 204(l) is one USCIS is required to reopen on its own motion.⁸

Naturalization is not complete until the applicant takes the Oath of Allegiance, so a Form N-400 cannot be completed after the applicant dies. The Contact Center confirms how the pending application will be closed.^{8, 24}

An applicant naturalizing as the spouse of a U.S. citizen becomes ineligible on that basis if the citizen dies at any time before the Oath of Allegiance, but may still naturalize under the general 5-year permanent-resident rule.²⁵

What USCIS's rules say5

Who reports the death

USCIS relief after a death is request-driven: apart from the automatic conversion of a citizen's Form I-130 for a spouse, nothing happens until the surviving beneficiary tells USCIS.⁸

For the petition itself, the notice is the written request for section 204(l) relief or humanitarian reinstatement, sent to the office processing the case if it was pending or the office that approved the petition.^{8, 17}

For anything else, call the USCIS Contact Center or send a secure message through a USCIS online account, with the deceased's A-number, the receipt numbers and the death certificate at hand.²⁴

Remarriage

Widow(er) eligibility on a Form I-360 filed after the citizen's death ends on remarriage before immigrating or adjusting status. A converted Form I-130 can still be approved as a Form I-130 under section 204(l) after remarriage.^{1, 13}

Processing and payment

Section 204(l) relief and humanitarian reinstatement have no filing deadline. The residence requirement is tested as of the date of death and the date of decision.^{8, 17}

Fees

Filing fees depend on the form, the form edition and the filing method; check the current Fee Schedule before filing. Section 204(l) relief and humanitarian reinstatement have no fee.^{26, 8, 17}

USCIS requires electronic payment by card or from a U.S. bank account, unless the filer qualifies for an exemption. Cash can never be used.²⁶

Who may act for the estate or the survivor

Form N-644 may be filed by next of kin or the Secretary of War's designee in USCIS. The executor or administrator, or the spouse, files without authorization from other next of kin; anyone else needs authorization from all living next of kin above them.^{3, 19}

Forms USCIS issues12

I-360: Petition for Amerasian, Widow(er), or Special Immigrant: The surviving spouse of a deceased U.S. citizen self-petitions within 2 years of the death; a surviving spouse, child or parent of a service member who died of combat-related injury or disease also files it.^{13, 1, 6}
I-130: Petition for Alien Relative: A U.S. citizen or permanent resident sponsors a relative. On a citizen petitioner's death, one for a spouse converts to a Form I-360; otherwise the beneficiary requests 204(l) relief or humanitarian reinstatement.²⁷
I-751: Petition to Remove Conditions on Residence: A conditional resident, whose card came from a marriage less than 2 years old at admission, removes the conditions. After the petitioning spouse's or stepparent's death, the resident files individually with a waiver.⁹
I-864: Affidavit of Support Under Section 213A of the INA: Where an affidavit of support is required and the petitioner has died, a substitute sponsor completes it, filed with the 204(l) or humanitarian reinstatement request or with the Form I-485 package.²¹
I-485: Application to Register Permanent Residence or Adjust Status: The adjustment of status application. One filed on a deceased citizen's Form I-130 for a spouse keeps going; a widow(er) may file it with Form I-360 or after it.¹
N-400: Application for Naturalization: A permanent resident spouse, child or parent of a U.S. citizen service member who died during honorable active-duty service naturalizes under INA 319(d), checking Box E in Part 1.²⁸
N-644: Application for Posthumous Citizenship: Next of kin, or the executor or administrator of the estate, request honorary posthumous citizenship for a service member within 2 years of the death. It confers no immigration benefit on any relative.³
I-797: Receipt notice: Carries the address of the office to send the written request for 204(l) relief or humanitarian reinstatement; a transfer notice carries it if USCIS transferred the case.⁸
G-1055: Fee Schedule: Lists the current filing fees, which depend on the form, the form edition and the filing method.²⁶
G-1450: Authorization for Credit Card Transactions: Pays a filing fee by credit, debit or prepaid card when filing by mail.²⁶
G-1650: Authorization for ACH Transactions: Pays a filing fee directly from a U.S. bank account when filing by mail.²⁶
G-1651: Exemption for Paper Fee Payment: Mailed, completed and signed, with a paper fee payment by a filer who qualifies for an exemption from the electronic payment requirement.²⁶