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Immigration Q&A - May 09, 2010
I-360 for a Widow of Permanent Resident
My husband was a green card holder filed AOS based on 245(i) for me on April of 2001. My husband died recently and 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 denied 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 US citizens. We may be able to get your I-130 reinstated and appeal the adjustment denial. If you need our assistance, please feel free to call our office at 312-751-9960 or email us atinfo@messersmithlaw.com.
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