Immigration Options After the Death of a Sponsoring Family Member: A Comprehensive Guide

Apr 14

The death of a sponsoring family member can be both emotionally devastating and legally overwhelming—especially when your immigration status depends on that person. Many individuals find themselves unsure of their rights or options after such a loss, fearing their path to lawful permanent residency has ended.

At Sharma Law Associates, LLC, our New York immigration lawyer understands how deeply personal and complex these cases can be. We are committed to guiding you with clarity, respect, and practical legal solutions tailored to your circumstances.

Can I Still Pursue a Green Card If My Petitioner Has Died?

In certain situations, U.S. immigration law allows surviving relatives to continue the green card process, even after the death of the sponsoring family member. The eligibility and pathway forward depend on your immigration stage at the time of the sponsor’s death, your relationship to the sponsor, and your current location.

Here are several potential paths:

· Section 204(l) Relief: Humanitarian Reinstatement

If your U.S. citizen or lawful permanent resident sponsor dies while your petition is pending—or even after approval but before adjustment of status—you may qualify for relief under INA § 204(l).

To be eligible, you must:

· Have resided in the United States at the time of the petitioner’s death (and continue to reside here).

· Be a principal or derivative beneficiary of a petition filed by the deceased sponsor.

Qualifying family relationships include:

· Spouses.

· Children.

· Parents.

· Siblings.

U.S. Citizenship and Immigration Services (USCIS) has discretion in granting this relief, so presenting a compelling, well-documented case is critical.

· Surviving Spouse of a U.S. Citizen (Form I-360)

If you were married to a U.S. citizen and your spouse passed away, you may self-petition for a green card by filing Form I-360 as a widow or widower, provided:

· You were legally married at the time of death.

· You file the petition within two years of your spouse’s death.

· You did not remarry before your green card is approved.

· You were not separated at the time of death in a way that would invalidate the marriage.

This process allows you to continue your immigration journey independently of the deceased spouse’s petition.

· Humanitarian Reinstatement After I-130 Approval

If a Form I-130 petition was approved before the petitioner died, but you haven’t yet adjusted status or obtained an immigrant visa, you may request humanitarian reinstatement.

This is a discretionary process that requires:

A qualifying relative to serve as a substitute sponsor (usually someone who is a U.S. citizen or green card holder and meets financial sponsorship requirements).

Evidence that reinstating the petition is warranted based on compassionate factors.

· Adjustment of Status Already in Progress

If you have already filed your Form I-485 (Adjustment of Status) when your sponsor dies, and you meet the residency requirements under Section 204(l), you may still proceed. In many cases, no new petition is required—but legal guidance is essential to ensure USCIS accepts and adjudicates the application properly.

Why Legal Representation Matters

Each of these options involves nuanced legal standards and discretionary decision-making by USCIS. Timing, documentation, and eligibility must be carefully evaluated. Many applicants face delays or denials simply because they were unaware of their rights or missed critical requirements.

At Sharma Law Associates, LLC, we provide personalized legal strategies to help surviving relatives navigate this difficult process with confidence. Whether your case involves a pending petition, adjustment of status, or consular processing abroad, we are here to help you identify the right solution and move forward.

Contact Sharma Law Associates, LLC in New York at 646-846-4221, online, or schedule an appointment on our calendar for a personalized consultation. We are committed to helping you understand your rights and pursue the most appropriate path forward with compassion, clarity, and legal excellence.