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Immigration Q&A - January 09, 2011
Green Card Holder Sponsors Wife's Adjustment of Status but Dies Before Approval
My husband was a green card holder filed AOS based on 245(i) for me on April of 2001. My husband died recently; I went to USCIS office in Houston to ask for an AP to attend husband’s funeral abroad.
I was told that my AOS application was “dead” since the petitioner-my husband, not a USC, died. I was also told to file an I-360 as widower.
Is this the correct route to follow?
No, widow self-petitions are only available for spouses of U.S. Citizens. However, you may be eligible for humanitarian reinstatement of the I-130 which would allow you to continue to pursue the I-485. Please contact our office for further details.
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