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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Apsan Law Offices, LLC. practices in the areas of Immigration, Corporate Immigration, Family Immigration, Naturalization, bankruptcy, chapter 7 bankruptcy, chapter 13 bankruptcy, uncontested divorces, property settlement agreements and accidents throughout New York and New Jersey in communities including Essex County, Union County, Passaic County, Hudson County, Morris County, Bergen County and Somerset County, as well as the cities of Union, Linden, Rahway, Irvington, Hillside, Bloomfield, Harrison, Orange, East Orange, West Orange, Camden, Clifton, Edison, Jersey City, Passaic, Trenton, Union City, Newark, Ironbound, Kearny, South River, Jersey City, Paterson, Passaic, Elizabeth, Edison, Woodbridge, Toms River, Hamilton, Trenton, Camden, Clifton, Passaic, Garfield, Wallington, Cherry Hill, East Orange, Union City, Bayonne, Irvington, Old Bridge, Lakewood, Long Branch, North Bergen, Vineland, Wayne, Parsippany, Troy Hills, New Brunswick, Plainfield, Bloomfield, Perth, Amboy, East Brunswick, North Brunswick, West New York, West Orange Hackensack, Atlantic City, Mount Laurel, Montclair, Hoboken, and Belleville. We also serve individuals and businesses located in New York's Queens, Bronx, Manhattan, Brooklyn, Staten Island, Westchester, Rockland, Nassau and Suffolk Counties on Long Island including the towns of Hempstead, North Hempstead, Oyster Bay, Huntington, Islip, Babylon, Smithtown, Brookhaven, Riverhead and the North Fork and South Fork (Hamptons) of Long Island. We assist people and businesses to file for relief under the Bankruptcy Code. We are a debt relief agency.



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