New York & New Jersey State & Federal Lawyers

Widow(er)s of Deceased U.S. Citizens

If you are the widow(er) of a U.S. citizen, a recent change in the law may affect your ability to immigrate. Section 568(c) of Public Law 111-83 amended the Immigration and Nationality Act so that you may be eligible to immigrate, even if you and your deceased spouse were married for less than 2 years when your spouse died. This change took effect on October 28, 2009, when the President signed the new law. As a result, a widow(er) may now file Form I-360 for Special immigrant classification as a widow/widower, even if you were married less than 2 years when your spouse died.

You must still file your Form I-360 no later than 2 years after the citizen’s death. If your spouse died before October 28, 2009, however, and you were married for less than 2 years, you can file a Form I-360 for Special Immigrant Classification as a widow/widower, so long as you do so no later than October 28, 2011.

Your eligibility to immigrate as the widow(er) of a U.S. citizen ends if you remarry before you immigrate.

Note on Expiration: USCIS continues to accept the 11/23/10 version of Form I-360, despite the passing of the form's expiration date. An updated form with a new expiration date will be posted as soon as it becomes available

Where to File :

Beginning February 25, 2010, applicants must file a Form I-360 with either the Vermont Service Center, the Nebraska Service Center, or at a USCIS Lockbox facility. Where applicable, USCIS Service Centers will forward Form I-360 petitions to the appropriate Lockbox facility until March 29, 2010. After the transitional period, the Service Centers may return incorrectly filed Form I-360 with instructions to send the petition to the correct location. USCIS will accept previous versions of Form I-360 until March 29, 2010. After March 29, 2010, USCIS will reject previous versions of the form submitted.

E-Notification: When filing Form I-360 at a Lockbox facility, you may elect to receive an email and/or text message notifying you that USCIS has accepted your petition. To receive notification, you must complete an E-Notification of Application/Petition Acceptance (Form G-1145), and attach it to the first page of your petition.

Filing Fee : $405.

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