Losing a spouse is difficult enough without also worrying about your immigration future. If your husband or wife was a U.S. citizen, you may fear that your chance to get a green card ended with their death.
Federal immigration law addresses this situation in specific ways. In some cases, surviving spouses and children may still qualify for immigration benefits after the death of a U.S. citizen family member.
Federal law provides protections for some surviving spouses
Family-based immigration cases do not all end the same way when a U.S. citizen spouse dies. Federal law includes provisions that apply to certain surviving spouses and children.
Whether those protections apply will depend on the marriage and the status of the immigration case when the spouse died.
A spouse’s death may not end the process
A surviving spouse does not automatically qualify for immigration benefits after the death of a U.S. citizen spouse. Federal law sets specific requirements, and eligibility can vary from one family to another. Factors that may affect eligibility include:
- Being legally married to the deceased U.S. citizen
- Having a family-based immigration petition already filed
- Remaining unmarried after the spouse’s death
- Having children who may also qualify for immigration benefits
- Facing other immigration issues that could affect eligibility
These factors can affect whether immigration benefits remain available after a spouse’s death.
Some cases may still continue
Not every surviving spouse will face the same situation. In some cases, a pending immigration petition may continue. In others, federal law may provide another way for a surviving spouse to pursue a green card.
The status of the immigration case when the spouse died, the history of the marriage and other immigration issues can all affect the outcome. As a result, two surviving spouses who experience a similar loss may still face very different immigration situations.