At National Security Law Firm (NSLF), we recognize the immense sacrifices made by military families. If you are the surviving relative of a U.S. service member, you may still be eligible to adjust your immigration status and secure lawful permanent residency (a green card) after their passing. Our compassionate and experienced attorneys are here to provide legal guidance and ensure your family’s stability during this challenging time.

What Is Adjustment of Status for Surviving Relatives?

Adjustment of status allows eligible surviving relatives of service members to apply for permanent residence without leaving the United States. U.S. immigration law provides special provisions for spouses, children, and parents of deceased service members to ensure they can remain in the U.S. and build a secure future despite their loss.

Key Benefits:

  • No need to leave the United States to apply for a green card.
  • Continuation of immigration benefits tied to the deceased service member.
  • Special considerations to accommodate military families.

Who Is Eligible?

To qualify for adjustment of status as a surviving relative of a service member, you must meet the following criteria:

1. Spouse: You must have been legally married to the service member at the time of their death.

  • You must not have remarried before applying for adjustment of status.

2. Child: You must be the biological, adopted, or stepchild of the deceased service member.

  • Children under 21 years old are eligible for adjustment of status.

3. Parent: You must be the biological or adoptive parent of the deceased service member.

4. Lawful Entry: You must have entered the U.S. lawfully (e.g., with a valid visa or under parole). If you entered without inspection, other options such as Parole in Place (PIP) may apply.

Application Process

The process for surviving relatives to adjust their status involves the following steps:

Step 1: File Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant)

  • This form establishes your eligibility as a surviving relative of a U.S. citizen service member.

Step 2: File Form I-485 (Application to Adjust Status)

  • Once the I-360 is approved, you can submit Form I-485 to apply for lawful permanent residence.

Step 3: Submit Supporting Documents

  • Death certificate of the service member.
  • Proof of relationship (e.g., marriage certificate, birth certificate, or adoption papers).
  • Evidence of the service member’s U.S. citizenship and honorable military service.

Step 4: Biometrics Appointment

  • Attend an appointment for fingerprinting and background checks.

Step 5: Adjustment of Status Interview

  • USCIS may require an interview to review your case and verify your eligibility.

Step 6: Receive Your Green Card

  • Upon approval, you will be granted lawful permanent residence, allowing you to live and work in the U.S. permanently.

Special Considerations for Military Families

1. Survivor Benefits

  • Surviving relatives of U.S. citizen service members may qualify for expedited processing and certain fee waivers.

2. Parole in Place (PIP)

  • If you entered the U.S. without inspection, PIP may allow you to adjust your status without leaving the country.

3. Waivers for Inadmissibility

  • Certain grounds of inadmissibility may be waived under special provisions for military families.

Common Challenges and How We Help

Surviving relatives often face unique obstacles, including:

  • Emotional and Logistical Challenges: Navigating the legal process while grieving can be overwhelming.
  • Missing Documentation: Frequent relocations or deployments may make it difficult to gather required paperwork.
  • Complex Immigration Histories: Cases involving prior immigration violations or unlawful entry require additional legal support.

At NSLF, we provide compassionate guidance and expert legal representation to ensure your case is handled with care and precision.

Strategies for a Strong Adjustment of Status Case

  • Compile Comprehensive Documentation
    • Ensure you have all required documents, including the service member’s death certificate, proof of relationship, and military records.
  • Demonstrate Your Eligibility Clearly
    • Provide detailed evidence of your lawful entry into the U.S. and your qualifying relationship to the deceased service member.
  • Seek Legal Support Early
    • Consulting with an experienced immigration attorney can help you navigate potential challenges and avoid delays.
  • Highlight Hardship Factors
    • Demonstrate how denial of adjustment of status would impact you or your family, including financial or emotional hardship.

Common Mistakes to Avoid

  • Submitting Incomplete Applications
    • Missing documents or incorrect information can lead to delays or denial. Double-check your application and seek guidance if needed.
  • Misunderstanding Eligibility Requirements
    • Ensure you meet all criteria, particularly lawful entry into the U.S. If you entered without inspection, explore alternatives like Parole in Place.
  • Missing Deadlines
    • Timely submission of forms and responses to USCIS requests is critical to avoid case complications.
  • Assuming You’re Automatically Eligible
    • Surviving relatives must still meet specific eligibility requirements; simply being a family member of a deceased service member is not enough.

Good Case vs. Bad Case Examples

Good Case Example

  • Scenario: A spouse of a deceased service member who entered the U.S. with a valid visa, has no criminal history, and provides thorough documentation of their relationship and the service member’s military service.
  • Why It’s Strong: The case meets all eligibility requirements and includes detailed, well-organized evidence.

Bad Case Example

  • Scenario: A surviving parent who entered the U.S. without inspection, has incomplete documentation, and has prior immigration violations.
  • Why It’s Weak: The lack of lawful entry and incomplete records weaken the application, requiring additional legal strategies to resolve.

Special Considerations for Military Families

1. Survivor Benefits

  • Surviving relatives may qualify for expedited processing and fee waivers under special provisions.

2. Parole in Place (PIP)

  • If you entered without inspection, PIP may allow you to adjust your status without leaving the U.S.

3. Waivers for Inadmissibility

  • Certain grounds of inadmissibility may be waived for military families.

Strategies for a Strong Adjustment of Status Case

  • Compile Comprehensive Documentation
    • Ensure you have all required documents, including the service member’s death certificate, proof of relationship, and military records.
  • Demonstrate Your Eligibility Clearly
    • Provide detailed evidence of your lawful entry into the U.S. and your qualifying relationship to the deceased service member.
  • Seek Legal Support Early
    • Consulting with an experienced immigration attorney can help you navigate potential challenges and avoid delays.
  • Highlight Hardship Factors
    • Demonstrate how denial of adjustment of status would impact you or your family, including financial or emotional hardship.

Common Mistakes to Avoid

  • Submitting Incomplete Applications
    • Missing documents or incorrect information can lead to delays or denial. Double-check your application and seek guidance if needed.
  • Misunderstanding Eligibility Requirements
    • Ensure you meet all criteria, particularly lawful entry into the U.S. If you entered without inspection, explore alternatives like Parole in Place.
  • Missing Deadlines
    • Timely submission of forms and responses to USCIS requests is critical to avoid case complications.
  • Assuming You’re Automatically Eligible
    • Surviving relatives must still meet specific eligibility requirements; simply being a family member of a deceased service member is not enough.

Good Case vs. Bad Case Examples

Good Case Example

  • Scenario: A spouse of a deceased service member who entered the U.S. with a valid visa, has no criminal history, and provides thorough documentation of their relationship and the service member’s military service.
  • Why It’s Strong: The case meets all eligibility requirements and includes detailed, well-organized evidence.

Bad Case Example

  • Scenario: A surviving parent who entered the U.S. without inspection, has incomplete documentation, and has prior immigration violations.
  • Why It’s Weak: The lack of lawful entry and incomplete records weaken the application, requiring additional legal strategies to resolve.

Why Choose National Security Law Firm?

At National Security Law Firm, we bring a unique perspective and unmatched expertise to military immigration cases. Our firm was founded by a veteran, and most of our team members are veterans themselves. Many of us have served as Judge Advocate General (JAG) officers or held high-ranking government positions, giving us unparalleled insight into the challenges military families face and the intricacies of immigration law.

  • Military Immigration Experience: Our extensive experience ensures tailored solutions that address the unique needs of military families.
  • Compassionate Advocacy: We are deeply committed to supporting the families of those who served, providing empathetic and personalized guidance.
  • Efficient Service: We navigate complex processes like adjustment of status with precision, ensuring timely and accurate filings.
  • Nationwide Service: We proudly serve clients across the country, ensuring every military family has access to expert representation.
  • Free Consultations: We offer free consultations to help you understand your options and next steps.
  • Flexible Legal Financing: Our financing options allow you to spread payments over 3 to 24 months, making high-quality legal assistance accessible.
  • Transparent Fees: We provide clear, upfront pricing with no hidden costs.

At NSLF, we stand with you every step of the way. It’s Our Turn to Fight for You!

Take the Next Step

Securing permanent residency is an important step in honoring your loved one’s legacy and ensuring your family’s future. Let National Security Law Firm help you navigate this process with confidence and care.

  • Schedule a Free Consultation: Book now
  • Contact Us: Call us directly at 202-600-4996.

At NSLF, we stand ready to serve the families of those who have served our nation. It’s Our Turn to Fight for You!