Q: If one of the parents in immigration application dies, can the other one still have the green card?
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A:
If your spouse passes away during the green card application process, you may still be eligible to continue with your application under the "widow/widower provision" of U.S. immigration law.
The law allows you to continue pursuing permanent residency if you were married to your U.S. citizen spouse for at least 2 years before their death, and you file Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant) within 2 years of their passing. You'll need to prove that your marriage was genuine and that you haven't remarried.
If your case involves the death of someone other than your spouse (like a parent or child), different rules apply and you should consult with an immigration attorney to understand your specific options. The process can be complex, but support and resources are available to help guide you through this difficult transition while maintaining your immigration status.
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