I-360 Petition for the Widow: How We Helped Our Client Retain Her Immigration Rights After the Loss of Her Spouse

Sometimes life presents us with challenges for which we cannot prepare. A couple came to our law firm: an American citizen and his wife, a foreign national, seeking to file an I-130 Petition for an Alien Relative. However, a month later, just days before submitting the petition to the immigration service, the husband tragically passed away due to an accident and an illness that developed as a result.

After the client had recovered somewhat and regained her composure, our team, along with her, decided to prepare an I-360 petition. In this article, we will discuss the filing process, key aspects of this type of petition, and the challenges applicants may face.

What is the I-360 Petition for Widows and Widowers?

Form I-360 allows foreign widows and widowers of U.S. citizens to file a petition for a green card on their own, provided they were legally married at the time of their spouse’s death. One of the main requirements is that the petition must be submitted within two years of the spouse’s passing.

Key Aspects of Our Case

Our client was in a difficult situation: her husband passed away unexpectedly, and she was left with questions about her immigration status. We assisted her in gathering all the necessary documents, including the marriage certificate, the spouse’s death certificate, evidence of their life together, and letters of support from family and friends.

Main Challenges and How We Overcame Them

1. Proving the Bona Fide Marriage – Although we had the marriage certificate, additional evidence was required, such as joint accounts, shared rental agreements, photos, and letters from friends and family. It was particularly helpful that the client's husband had granted her the authority, through a notary, to make decisions about his medical care and property, and had included her in his will.

2. Tight Deadlines – It was crucial to submit the petition within two years to avoid losing the opportunity to obtain a green card.

3. Emotional Support for the Client – The widow was going through a difficult time, so our team not only provided legal assistance but also offered emotional support at every step of the process. We frequently communicated with her, helping to fill out forms and gather the necessary documents.

What Else Should Be Considered When Filing a Widow's Petition?

The petition can be filed if two conditions are also met:

1. The spouses were not separated at the time of death. This requirement had to be supported by evidence, and we obtained affidavits from people who were around them at that time, photos, and condolence letters sent to their shared address.

2. The widow has not remarried. This is indicated on the form.

Summary

The petition was successfully filed, and now our client is awaiting the processing of her case. We are confident that with the evidence provided and the properly prepared documents, the process will go smoothly.

If you or anyone you know is facing a similar situation, or any other family issue that jeopardizes an immigrant's status, do not delay reaching out to an attorney. With our knowledge of immigration law and the professionals on our team, we can help you navigate all the details and protect your immigration rights.

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