What Happens If Spouse Dies During Immigration Process?

I was recently informed by a client that her U.S. citizen spouse passed away last week. 

She wondered what impact her spouse’s death will have on her pending immigration processes:

• Form I-751, Removal of Conditions; and 
• N-400, Application for Naturalization.

Petitioner’s Death and Impact on Form I-751

A person who jointly files a petition to remove conditions on permanent residency (Form I-751) with their U.S. citizen spouse, should notify the USCIS about the U.S. citizen spouse’s death.

Petitioner’s Death and Impact on N-400

A person who files for citizenship as the spouse of a U.S. citizen under section 319(a) of the Immigration and Nationality Act will be found ineligible for naturalization, with limited exception, if their U.S. citizen spouse dies at any time prior to them taking the Oath of Allegiance. 

Per 8 CFR § 319.1(b)(2)(i) of the Code of Federal Regulations:

Divorce, death or expatriation. A person is ineligible for naturalization as the spouse of a United States citizen under section 319(a) of the Act if, before or after the filing of the application, the marital union ceases to exist due to death or divorce, or the citizen spouse has expatriated. Eligibility is not restored to an applicant whose relationship to the citizen spouse terminates before the applicant’s admission to citizenship, even though the applicant subsequently marries another United States citizen.

For more information on this, visit the USCIS website (here).

Naturalization Lawyer Boston

If you have questions on how the death of a spouse may impact your naturalization application, or other immigration process, contact Boston naturalization lawyer, Dayna Lally, at [email protected]. Consultation fees may apply.

Disclaimer: This blog article is provided by Lally Immigration Services, LLC for informational and marketing purposes. This article does not constitute legal advice, nor does it establish an attorney-client relationship. No reader should act, or refrain from acting, on the basis of any information presented in this article, or elsewhere on this website, without seeking the advice of appropriate legal counsel, or other professional counsel, licensed in the relevant jurisdiction. Lally Immigration Services, LLC expressly disclaims any and all liability with respect to any actions taken, or not taken, based on any content of this article or website. Prior results do not guarantee a similar outcome.

Last Reviewed/Updated: 01/22/2024