Approval of Petitions & Applications After the Death of the Petitioner

This Policy Memorandum ensures that USCIS uniformly and consistently adjudicates petitions and applications in light of section 204(l) and 213A(f)(5) of the Immigration and Nationality Act, 8 U.S.C. §§ 1154(l) and 1183a(f)(5). For many years, U.S. immigration policy has been that the beneficiary of a visa petition could not obtain approval if the petitioner died while the petition remained pending. New Section 204(l) changes this governing law with respect to an alien who is seeking an immigration benefit through a deceased "qualifying relative." Section 204(l) permits the approval of a visa petition or refugee/asylee petition, as well as any adjustment application and related application if the alien seeking the benefit meets certain requirements. To learn more please see the attached PDF.

 
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