Immigration Benefits of (Alien) Widow or Widower of U.S. Citizen (USC)

The Immigration and Nationality Act (INA) allows (alien) widow or widower of U.S. Citizen can also be considered immediate relatives (IR). The advantages of being an immediate relative is there is no wait time for visa processing and visa is always available for an immediate relative. In other words, these visa categories are unlimited available for immediate relatives. Generally, there are no derivative benefits for an immediate relative category. In addition to this category, there are some exceptions that allow for immediate relatives who want to get their green cards without leaving the U.S. As stated above, widow or widower of U.S. citizen can also be considered immediate relatives if the U.S. citizen filed a petition before his or her death.

Practically, to be eligible this category as a widow (er) based on USC’s death, the surviving spouse must have been married to a U.S. citizen at the time of USC’s death, and not legally separated or divorced at the time of USC spouse’s death and not have remarried. To be eligible this category, widow (er) must prove that he/she was legally married to the U.S. citizen and that they entered the marriage in good faith, and not solely to obtain an immigration benefit. However, if widow (er) / the surviving spouse remarries, they are no longer eligible for immigration benefits under this category.