Murthy Success: Securing a Green Card for a Surviving Spouse

The Murthy Law Firm recently succeeded in helping a client obtain a green card based on the special provisions for a surviving spouse of a principal employment-based beneficiary who passed away. This client graciously granted permission for the Murthy Law Firm to share her story to help others who face similar challenges.

Overview of INA Section 204(l): Protection for Surviving Spouses

Section 204(l) of the Immigration and Nationality Act (INA) protects certain surviving family members of deceased employment-based beneficiaries. This provision allows a qualifying relative – in this case, our client’s spouse – to continue pursuing permanent residence even after the death of the primary beneficiary if specific requirements are met. More details on the basic requirements can be found in the MurthyDotCom InfoArticle Immigration Benefits After Death of Qualifying Relative (27.Aug.2020).

The Challenge: Family Emergency Leads to Absence from the United States

Among the requirements to benefit from INA Section 204(l), at the time of the principal beneficiary’s death, the surviving spouse must show their “principal, actual dwelling place” to have been the United States. In our client’s case, she had temporarily departed the U.S. to care for ill relatives abroad. However, what was intended as a brief absence was extended as family health crises continued to unfold, culminating in the tragic death of the principal spouse beneficiary while the family was abroad.

The Strategy: Demonstrating U.S. Residence Despite Travel

Despite the challenge facing our client, the Murthy Law Firm developed a strategy for demonstrating that the client’s absence from the U.S. was merely incidental travel and that the U.S. remained her principal dwelling place in fact. With meticulous documentation, our client was able to show that her departure from the U.S. was never intended to be permanent and that she maintained sufficient ties to the U.S. throughout her physical absence such that the U.S. was still her home.

Success Against the Odds: I-485 Approval Achieved

Ultimately, our advocacy proved successful, and the U.S. Citizenship and Immigration Services (USCIS) approved the form I-485 application for adjustment of status for both our client and her child. This gave our client a lifeline and an opportunity to permanently reside in the U.S. with her children.

Conclusion: Hope Exists Even in Difficult Circumstances

The Murthy Law Firm shares this story to exemplify how an individual facing difficult circumstances and complex legal challenges often still can achieve their immigration goals with effective legal advocacy. Should anyone wish to inquire about their own individual situation, the Murthy Law Firm is available to consult with and assist those seeking appropriate relief.

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