My husband recently passed away. He had an approved I-140 petition, and I was listed as his derivative spouse. Am I allowed to apply for a green card based on his petition?
16 Jul 2025Answer
Certain derivative beneficiaries of employment-based immigrant petitions or adjustment applications may continue their case even after the principal applicant’s death. Among the requirements to qualify, you must have been residing in the United States at the time of your husband’s passing and must continue to reside in the U.S. at the time of adjudication. If all the requirements are met, the USCIS has discretion to approve the case if it finds that doing so is appropriate under the circumstances. (16.Jul.2025)
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