My Spouse Died Before My Green Card Was Approved — What Happens to My Case?

Losing a spouse while your green card is pending is devastating. LaGrone Law explains the widow(er) petition, Form I-360, and how to preserve your immigration status after the loss.

Losing your spouse is one of life's most devastating experiences. If your green card application was still pending when your U.S. citizen or LPR spouse passed away, you may fear that your entire case is lost. In many situations, it is not. U.S. immigration law has specific protections for surviving spouses, and you need to act quickly to protect your rights.

If Your Spouse Was a U.S. Citizen

Surviving spouses of U.S. citizens have the strongest protections. If you were married for at least two years before your spouse died, you can file Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant) as a self-petition. You do not need anyone else to sponsor you.

If you were married for less than two years at the time of death, the situation is more complex, but relief may still be available depending on the circumstances of your case.

The Two-Year Rule

Under current law, a surviving spouse who was married for at least two years to a U.S. citizen can self-petition using Form I-360 within two years of the citizen's death — provided they have not remarried.

If Your Spouse Was a Lawful Permanent Resident (Not a Citizen)

The death of a green card holder spouse is more complicated. If the I-130 petition was already approved, it may survive the petitioner's death in some circumstances under "humanitarian reinstatement." An immigration attorney can help you petition USCIS to allow your case to continue.

Act Quickly

There are strict deadlines in widow(er) cases. Delays can result in the loss of eligibility. At LaGrone Law, we handle these cases with the sensitivity and urgency they deserve.

We are deeply sorry for your loss. Let us help protect your future. Contact LaGrone Law.