WIDOWS & WIDOWER BENEFITS
A person who was married to a U.S. citizen may be eligible to apply for a green card even though his/her spouse has died.
If the U.S. citizen filed a Form I-130 Petition for Alien Relative before he/she died, then the petition is automatically converted to a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.
If there is no pending Form I-130, then the widow/widower can self-petition as an “immediate relative” by filing a Form I-360. The petition must be filed no more than two years after the U.S. citizen’s death.