245(i)

Green Card Holder Sponsors Wife’s Adjustment of Status but Dies Before Approval

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My husband was a green card holder filed AOS based on 245(i) for me on April of 2001.  My husband died recently; I went to USCIS office in Houston to ask for an AP to attend husband’s funeral abroad.

I was told that my AOS application was “dead” since the petitioner-my husband, not a USC, died. I was also told to file an I-360 as widower.

Is this the correct route to follow?

No, widow self-petitions are only available for spouses of U.S. Citizens. However, you may be eligible for humanitarian reinstatement of the I-130 which would allow you to continue to pursue the I-485. Please contact our office for further details.

I-360 for a Widow of Permanent Resident

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My husband was a green card holder filed AOS based on 245(i) for me on April of 2001.  My husband died recently and I went to USCIS office in Houston to ask for an AP to attend husband’s funeral abroad. I was told that my AOS application was denied since the petitioner-my husband, not a USC, died. I was also told to file an I-360 as widower. Is this the correct route to follow?

No, widow self-petitions are only available for spouses of US citizens. We may be able to get your I-130 reinstated and appeal the adjustment denial. If you need our assistance, please feel free to call our office at 305-515-0613 or email us at info@messersmithlaw.com.