Death of Petitioner or Principal Beneficiary

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