USCIS Issues Guidance on Processing of Petitions by Surviving Spouse of U.S. Citizens
The Department of Homeland Security (USCIS) issued written guidance for its adjudicators on how to handle applications for surviving spouses of U.S. citizens, June 2009. The guidance instructs adjudicating officers and consular offices and posts how to process applications where the sponsoring U.S. citizen dies prior to the filing of or approval of petitions. The memorandum acknowledges the regulations which prescribe that the I-130 is automatically revoked upon the death of the sponsoring U.S. citizen. It also discusses that some courts do not subscribe to this regulation and do not automatically revoke or terminate the status upon the death of the sponsoring U.S. citizen.
Where an otherwise approved I-130 is automatically revoked, the beneficiary may request a reinstatement of the approval. Upon consideration, the USCIS may grant the request for humanitarian reasons and continue to process the underlying applications. For those in areas where the courts do not apply the automatic revocation policy, beneficiaries are encouraged to contact local USCIS attorney for direction.
[Read the entire memorandum on surviving spouse applications]