Notifying the USCIS when someone dies
Family member is responsible for notifying the USCIS
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
When someone dies, the U.S. Citizenship and Immigration Services (USCIS) must be notified. The family member is responsible for notifying the USCIS.
Notification 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..
Steps to take
Steps for notifying the USCIS and applying for survivor benefits:
1
Identify USCIS matters pending at the time of death:
- •Pending or approved Form I-130 (Petition for Alien Relative) on behalf of a spouse, child, parent, or sibling
- •Pending Form I-751 (Petition to Remove Conditions on Residence) for a conditional resident spouse
- •Pending Form N-400 (naturalization application) filed by the deceased
- •Other pending family- or employment-based petitions
2
If the deceased was a U.S. citizen with a pending Form I-130 for a surviving spouse, no new petition is required — USCIS automatically converts the Form I-130 to a Form I-360 widow(er) petition.
3
If the deceased was a U.S. citizen who had NOT yet filed Form I-130 for the surviving spouse, file Form I-360 within 2 years of death:
- •Complete Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant
- •Include evidence of the bona fide marriage and a certified copy of the death certificate
- •File before remarrying — remarriage ends eligibility for the widow(er) classification
- •See the Form I-360 instructions for the current edition date and filing address
4
If the surviving spouse is a conditional permanent resident, file Form I-751 with a death-of-spouse waiver:
- •File Form I-751 individually with a request to waive the joint filing requirement
- •Submit a copy of the petitioning spouse's death certificate
- •Submit evidence that the marriage was entered in good faith from the date of marriage to the date of death
- •Form I-751 may be filed at any time before conditional permanent resident status expires
5
Notify the USCIS Contact Center (800-375-5283) of the death for any other pending matters and ask how each case will be processed. Have the deceased's A-number, receipt number, and a copy of the death certificate available.
6
Update mailing addresses on any pending cases using a USCIS online account or the uscis.gov/addresschange tool so USCIS correspondence reaches the family.
Required Documents
- Certified copy of the death certificate of the U.S. citizen or lawful permanent resident
- Marriage certificate showing the relationship to the deceased
- Surviving spouse's Permanent Resident Card (front and back) if filing Form I-751
- A-number (Alien Registration Number) and any USCIS receipt numbers for pending cases
- Evidence of the bona fide marriage (joint financial documents, lease or property records, birth certificates of children, third-party affidavits)
- Government-issued photo identification of the surviving spouse or filer
- Form I-360 (for widow(er) self-petition) or Form I-751 (for conditional resident waiver), as applicable
Timeline
Form I-360 widow(er) petitions must be filed within 2 years of the U.S. citizen spouse's death. Form I-751 with a death-of-spouse waiver may be filed at any time before conditional permanent resident status expires. USCIS processing times vary by form, form edition, and service center — check uscis.gov/processingtimes for current estimates.
Survivor benefits
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.
Eligibility: Surviving spouse of a deceased U.S. citizen; petition must be filed within 2 years of the spouse's death; the surviving spouse must not have remarried before immigrating or adjusting status
How to apply: File Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, with USCIS. If the deceased citizen had already filed Form I-130 for the surviving spouse before dying, USCIS automatically converts that petition to a Form I-360 — no new filing is required.
Learn more →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.
Eligibility: Conditional permanent resident who obtained status through marriage to a U.S. citizen or lawful permanent resident; petitioning spouse has died; marriage was entered in good faith and not to circumvent immigration laws
How to apply: File Form I-751 individually with a request to waive the joint filing requirement on grounds of the petitioning spouse's death. Submit a copy of the death certificate plus evidence the marriage was bona fide.
Learn more →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.
Eligibility: Surviving spouse for whom the deceased U.S. citizen filed a Form I-130 before death
How to apply: No separate filing is required — conversion is automatic. Notify USCIS of the petitioner's death by contacting the USCIS Contact Center and submitting a copy of the death certificate.
Learn more →Frequently asked questions
Yes. As the surviving spouse of a deceased U.S. citizen, you may self-petition by filing Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. You must file Form I-360 no later than 2 years after your spouse's death, and you must not have remarried before immigrating or adjusting status. Section 568(c) of Pub. L. 111-83 (enacted Oct. 28, 2009) removed the prior requirement that the marriage have lasted at least 2 years before death.
No. If your deceased citizen spouse filed a Form I-130 on your behalf before dying, USCIS automatically converts that petition to a Form I-360 widow(er) petition. You do not need to file a separate Form I-360. Section 204(l) of the Immigration and Nationality Act may also allow USCIS to approve the petition as a Form I-130 even if you remarry, when the petition was originally filed as a Form I-130.
You must file Form I-360 no later than 2 years after your U.S. citizen spouse's death. If you miss the 2-year window, you generally lose eligibility for the widow(er) immigrant classification under section 201(b)(2)(A)(i) of the Immigration and Nationality Act.
File Form I-751, Petition to Remove Conditions on Residence, individually with a request to waive the joint filing requirement on grounds of the petitioning spouse's death. You must show the marriage was entered in good faith. Required evidence includes a copy of the death certificate and documentation of the bona fide marriage from the date of marriage to the date of your spouse's death.
Yes. Your eligibility for classification as the widow(er) of a U.S. citizen based on a Form I-360 you file after your citizen spouse's death ends if you remarry before you immigrate or adjust status. However, if your deceased spouse had already filed Form I-130 for you and USCIS converted it to a Form I-360, section 204(l) of the Immigration and Nationality Act may allow approval as a Form I-130 even if you remarry.
Call the USCIS Contact Center at 800-375-5283 (TTY 800-767-1833), Monday through Friday, 8:00 a.m. to 8:00 p.m. ET. Have the deceased's A-number, any USCIS receipt numbers, and a certified copy of the death certificate available. From outside the United States, call 212-620-3418. You can also send a secure message through your USCIS online account.
You need: copies of the front and back of your Permanent Resident Card; the death certificate of your petitioning spouse or stepparent; and evidence that the marriage was entered in good faith — joint financial documents, lease or property records, birth certificates of children born to the marriage, and affidavits from third parties with personal knowledge of the relationship. The evidence should cover the period from the date of the marriage to the date of your spouse's death.
A naturalization application (Form N-400) is personal to the applicant — citizenship cannot be granted posthumously through the standard naturalization process. Contact the USCIS Contact Center at 800-375-5283 to report the applicant's death and confirm the pending application is closed. Special posthumous citizenship rules exist for U.S. service members who died as a result of injury or disease incurred in active military service; those cases use Form N-644 and are handled separately.
After completing the notification process, eligible survivors can apply for 3 benefits through the USCIS. Each benefit has its own eligibility requirements and application process.
Keep copies of all documents submitted to the USCIS. Original documents submitted for verification are typically returned after processing.
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