The Murthy Law Firm Again Secures a Green Card for a Surviving Spouse

The Murthy Law Firm recently succeeded again 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. We previously shared a similar success story on MurthyDotCom, Murthy Success: Securing a Green Card for a Surviving Spouse (25.Aug.2025). 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 surviving spouses of deceased employment-based beneficiaries. This provision allows certain surviving spouses to continue pursuing permanent residence even after the death of the primary beneficiary if specific requirements are met, as explained in the MurthyDotCom InfoArticle, Immigration Benefits After Death of Qualifying Relative (27.Aug.2020).

The Challenge: Family Emergency Leads to Prolonged Absence from U.S.

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 this case, the client had temporarily departed the U.S. to care for an ill relative abroad. However, while the client was abroad, her husband, the principal beneficiary, tragically passed away in the U.S. At the time of her husband’s death, the client had been abroad for nearly a year. When she eventually returned to the U.S., she approached the Murthy Law Firm for assistance with obtaining a green card as a surviving spouse based on her deceased husband’s immigration process.

The Strategy: Demonstrating U.S. Residence Despite the Trip Abroad

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. With meticulous documentation, our client was able to show that her departure from the U.S. was temporary and that she maintained sufficient ties to the U.S. throughout her physical absence, ultimately proving 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 our client. 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 can often still 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.

The Murthy Law Firm never reveals details of any case handled by our firm, nor the identity of any client, without first obtaining express consent. We appreciate the generosity of our client in allowing us to use this case as an example to our readers. Please note that all cases are different. Even with cases that appear to be similar, past success does not guarantee a favorable result.

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