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FAMILY-BASED · 13

After the Petitioner or Principal Beneficiary Dies: Section 204(l) Relief for Surviving Relatives and Humanitarian Reinstatement

Who the two forms of relief cover, the distinction between pending and approved petitions, U.S. residence requirements, discretion, and substitute financial sponsors.

English translation of this site's original Chinese explainer · 5 official sources · read 2026-10-10 UTC · not legal advice

01

Who Is Covered by Section 204(l)?

USCIS lists: principal or derivative beneficiaries of an I-130 whose petitioner has died (whether the petitioner was a citizen or a permanent resident); derivative beneficiaries of an I-130 or I-140 whose principal beneficiary has died; beneficiaries of a pending I-730 whose petitioner has died; holders of derivative T/U status whose principal applicant has died; derivative asylees whose principal asylee has died; VAWA derivative beneficiaries whose self-petitioner has died; and certain cases involving abused spouses and children under the Cuban Adjustment Act/HRIFA and children of conditional residents.

Sources for this section · 2

02

Key Conditions for Section 204(l)

At least one beneficiary must have been “residing” in the United States when the relative died and must continue to reside there through the time relief is requested. Residence means the principal dwelling place; actual physical presence in the United States at the time of death is not required, and occasional travel does not interrupt residence. Section 204(l) relief is not an entitlement but is discretionary. The same requirements apply to pending and approved petitions.

Sources for this section · 1

03

Humanitarian Reinstatement

Only the principal beneficiary of an approved I-130 may request this relief after the petitioner dies; it does not apply if the petitioner dies while the petition is being adjudicated (consider whether Section 204(l) applies). Derivative beneficiaries cannot request it independently, but may also benefit if the principal beneficiary is granted relief. There is no form or fee; a written request must be submitted to the office that originally approved the petition, and the decision is discretionary.

Sources for this section · 1

05

Distinction from a Widow(er)'s I-360

A widow(er)'s I-360 applies only when a citizen spouse has died, has a two-year filing deadline, and does not require an I-864; Section 204(l) covers more categories (including the death of a permanent resident petitioner), is conditioned on U.S. residence, and is discretionary; humanitarian reinstatement is limited to principal beneficiaries of approved I-130 petitions. The three cannot be applied interchangeably.

Sources for this section · 3

Frequently asked questions

Can Humanitarian Reinstatement Be Requested If the Petitioner Dies While the Petition Is Being Adjudicated?

No; consider whether Section 204(l) applies.

Does Section 204(l) Require Physical Presence in the United States at the Time of Death?

It requires “residence” in the United States, not actual physical presence there at that time.

Related category codes

Each code page shows its own review status; candidate content is not upgraded to reviewed because of this article.

Related articles

All official sources

  • USCIS · Basic Eligibility for Section 204(l) Relief for Surviving RelativesSupports: List of covered populations; residence in the United States at the time of death and continued residence; discretion; applies to both pending and approved petitions; substitute sponsor’s I-864.Official update 2016-02-25 · read 2026-10-10 UTC
  • U.S. Code (GovInfo 2024 edition) · 8 U.S.C. 1154(k), (l)Supports: (k) F2B converts to F1 after the petitioner naturalizes; the beneficiary may opt out of conversion in writing; (l) adjudication may continue for surviving relatives who resided in the United States at the time of death and continue to reside in the United States.Official update not stated · read 2026-10-10 UTC
  • USCIS · Humanitarian ReinstatementSupports: Only the principal beneficiary of an approved I-130 may request this after the petitioner’s death; it does not apply if the death occurred while the petition was pending; derivatives cannot request it independently; no form or fee, written request; discretion; range of relatives eligible to serve as substitute sponsors.Official update 2013-06-07 · read 2026-10-10 UTC
  • USCIS · Affidavit of SupportSupports: Persons subject to I-864 and exemptions (40 quarters, children automatically acquiring citizenship under INA 320, approved widow/widower I-360 petitions, approved abused-spouse or abused-child I-360 petitions, etc.); circumstances terminating obligations; divorce does not terminate obligations; joint sponsors and substitute sponsors; 125% (100% for active-duty military personnel sponsoring spouses or children); asset calculations; beginning 2026-10-01, only the 08/24/26 edition is accepted.Official update 2026-09-04 · read 2026-10-10 UTC
  • USCIS · Green Card for Widow(er) of a U.S. CitizenSupports: Effective 2009-10-28, the requirement of at least 2 years of marriage was eliminated; an already-filed I-130 automatically converts to I-360; otherwise, a self-petition must be filed within 2 years after the spouse's death; the petitioner must not have remarried and must not have been divorced or legally separated at the time of death; unmarried children under 21 may be included; the page uses “killed in combat” as shorthand for the immigration benefits for surviving military spouses under Pub. L. 108-136 §1703 (the original statutory wording refers to death from an injury or disease incurred in or aggravated by combat).Official update 2025-07-08 · read 2026-10-10 UTC