Contact the U.S. Citizenship and Immigration Service to amend your petition

If you are not a US citizen and were seeking an immigration benefit through a deceased qualifying relative and you meet certain eligibility criteria, you can still get a visa/refugee/asylee petition approved. You will need to make an adjustment application and related application.

Here are the rules:

If you were married to a U.S. citizen who had filed Form I-130, Petition for Alien Relative for you before he or she died, you do not need to file anything.

• The Form I-130 will be automatically converted to a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. 

• If you have children (unmarried and under age 21), they may be included on the Form I-360 regardless of whether your deceased spouse had filed a petition for them.

If your spouse did not file a petition before his or her death, you can still apply for a Green Card if you are a widow or widower who was married to a U.S. citizen at the time of the citizen’s death.

• To obtain a green card, you need to file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, with all required documents as listed in the form instructions.