If you’re in the unfortunate position where your spouse passed away prior to your adjustment interview, you can still go forward and proceed with the application. Immigration has the authority to reinstate your I-130 petition for humanitarian reasons. Generally, it’s pretty easy to do. To demonstrate that you were married that it was a bona fide relationship. Immigration can still make a decision on the adjustment of status application regardless of whether your spouse passed away. Of course you will need to have the death certificate and it’s a good idea to bring proof of the relationship. If you find yourself in that terrible predicament, it’s still fixable for your green card. Please contact our office and we’d be happy to help you work through this process despite your unfortunate circumstances.

Cheryl David is an experienced immigration attorney in the New York City area. Contact her for a free initial evaluation regarding any questions you may have about immigration procedures and policies.