Losing a spouse is an emotionally challenging experience, and for a widow or widower of a U.S. citizen, the situation is compounded by the complex U.S. immigration process. Fortunately, U.S. immigration law offers a provision that allows the surviving spouse of a U.S. citizen to apply for a green card, even if their spouse has passed away. The I-360 Petition for Amerasian, Widow(er), or Special Immigrant is the form used to apply for permanent residency (a green card) in such cases. This article explains the procedure for filing the USCIS I-360 petition for a widow(er) of a U.S. citizen, the eligibility criteria, and how SJ Law Experts can help guide you through the process.
What is the I-360 Petition for a Widow(er) of a U.S. Citizen?
A special immigration petition that allows the surviving spouse of a U.S. citizen to seek lawful permanent residency (a green card) even if their U.S. citizen spouse has passed away. This provision under U.S. immigration law is designed to help surviving spouses who were married to U.S. citizens and wish to remain in the U.S. as lawful permanent residents.
To qualify for the I-360 petition, the surviving spouse must meet certain eligibility criteria. The petition is not the same as a traditional marriage-based green card application, as it takes into account the unfortunate circumstance of the spouse’s death. This provision allows the widow(er) to continue the process of obtaining a green card and living in the United States, even if the marriage was not completed or terminated due to the death of the U.S. citizen spouse.
Eligibility Requirements for Filing an I-360 Petition
To qualify for the I-360 petition as a widow(er) of a U.S. citizen, the petitioner must meet the following requirements:
- Marriage to a U.S. Citizen: The applicant must have been married to a U.S. citizen at the time of the U.S. citizen spouse’s death.
- Death of the U.S. Citizen Spouse: The U.S. citizen spouse must be deceased. The death of the spouse must have occurred before or after the filing of the initial immigrant petition (I-130) or adjustment of status (I-485), but the applicant must file the USCIS Petition within two years of the spouse’s death.
- Good Faith Marriage: The widow(er) must demonstrate that the marriage was genuine and not entered into for the purpose of evading immigration laws. Proof of a bona fide marriage can include joint financial documents, photographs, letters, and other evidence of the couple’s shared life.
- No Remarriage: The surviving spouse must not have remarried before filing the USCIS Petition. If the surviving spouse has remarried, they may lose eligibility for the benefit.
- Residency Status: The surviving spouse must be physically present in the U.S. or have the intention to apply for a green card, either through adjustment of status in the U.S. or consular processing abroad.
How SJ Law Experts Can Assist
Navigating the USCIS I-360 petition process can be complex, particularly when dealing with the emotional challenges of losing a spouse. At SJ Law Experts in Islamabad, we specialize in assisting widow(er)s of U.S. citizens with the immigration process. Our team provides comprehensive support to ensure that all legal requirements are met, increasing the likelihood of a successful outcome. Our Services Include:
- Initial Consultation and Case Evaluation: Ensure that you meet the eligibility requirements for the I-360 petition. Our immigration experts will explain the process in detail and advise you on the necessary documentation.
- Document Preparation and Review: We assist with gathering and reviewing all necessary documents, including the marriage certificate, death certificate, and proof of a bona fide marriage, to ensure that everything is in order before filing the petition.
- I-360 Form Filing: Our team of immigration lawyers will complete and file the USCIS Petition on your behalf, ensuring accuracy and compliance with USCIS requirements.
- Adjustment of Status or Consular Processing: We guide you through the adjustment of status process if you are in the U.S. or assist with consular processing if you are outside the U.S., ensuring that all paperwork is submitted.
- Follow-up and Communication with USCIS: We will monitor the progress of your petition and handle any requests for evidence (RFEs) or inquiries from USCIS.
The I-360 petition offers a path to permanent residency for the widow(er) of a U.S. citizen, allowing them to remain in the U.S. despite the loss of their spouse. While the process can be complex, having the right legal support can make all the difference. At SJ Law Experts, we are committed to guiding you through every step of the petition process, from filing the I-360 to obtaining your green card. Contact us today to learn more about how we can assist you in securing your immigration status as the surviving spouse of a U.S. citizen.
SJ Law Experts | Website: www.SJLawExperts.com | Email: SJLawExperts@gmail.com | Contact: +92 335 411 2288
