In the past, a petition could not be approved if the petitioner died while the petition remained pending. In 2009, Congress addressed this scenario with a new statutory provision, INA 204(l). This provision gave foreign nationals the ability to seek an immigration benefit through a deceased qualifying relative in certain circumstances.
An officer may approve an adjustment application, certain petitions, and related applications adjudicated on or after October 28, 2009, if:
· The applicant resided in the United States when the qualifying relative died;
· The applicant continues to reside in the United States on