Continuing the Immigration Journey: Part 3 – Relief for Surviving Relatives Under Section 204(l) of the Immigration and Nationality Act

Navigating the immigration landscape after the loss of a loved one can be an incredibly challenging and emotional journey. In our previous articles, we discussed two avenues that may allow eligible relatives to preserve their immigration benefits and continue their immigration journey in the face of this loss. In this third installment, we will explore another path available to certain surviving relatives: relief under section 204(l) of the Immigration and Nationality Act (INA).

Understanding Section 204(l)

Section 204(l) was enacted by U.S. Congress in 2009 to offer protection to certain surviving relative and allow them to continue their immigration journey even after the loss of their petitioner, provided certain conditions are met.

Who Qualifies for Section 204(l) Relief?

To benefit from section 204(l), the surviving relative must meet the following criteria:

1. Relationship to the Deceased Petitioner or Applicant: The individual either must be the principal or derivative beneficiary of a petition or application in which the petitioner (I-130; I-730; I-360 VAWA), principal beneficiary (I-130; I-140), principal visa holder (U or T visa), principal asylee (I-589), battered spouse or child applicant (I-485 Cuban Adjustment Act or Haitian Refugee Immigrant Fairness Act), or conditional permanent resident (I-751) died.
2. Residence in the United States: At least one of the beneficiaries, whether principal or derivative, must have been residing in the United States when the qualifying relative died. The same beneficiary must continue to reside in the United States at the time of seeking section 204(l) relief. It is not necessary, however, for the individual to have been physically present in the United States when the relative died; thus, temporary or incidental travel, such as for vacation, visiting family, or travel for work do not typically affect one’s eligibility for section 204(l) relief.
3. Pending or Approved Petition: There must be a pending or approved visa petition (I-130; I-140; I-730; I-360 VAWA; I-751; I-914; I-918) or application (I-485 battered spouse of child under the Cuban Adjustment Act or Haitian Refugee Immigrant Fairness Act; I-589) that was filed by or on behalf of the deceased relative before their death.
4. Application Deadline: The surviving relative must file the appropriate applications within the required timeframe. USCIS guidelines indicate that the application must be submitted within two years of the petitioner’s death.
5. Continuing Eligibility: The applicant must still qualify for the immigration benefit they are seeking, which may include meeting any necessary legal or statutory requirements.

Benefits of Section 204(l)

1. Preservation of Immigration Benefits: Section 204(l) allows qualifying relatives to retain the benefits of a previously filed petition, providing a pathway to lawful permanent residency that might otherwise be lost.
2. Flexibility in Application: This relief can apply regardless of whether the petition was filed as a result of a family connection or in the context of an employment-based or humanitarian scenario. The law recognizes the importance of family unity and fundamental fairness, especially in times of loss.
3. Potential for Adjustment of Status: Surviving relatives may also have the opportunity to adjust their status to that of a lawful permanent resident or to obtain their lawful permanent residence abroad through consular processing, allowing them to stay in (adjustment) or come to (consular processing) the United States legally.

How to Apply

To apply for relief under Section 204(l), surviving relatives should follow these steps:

1. File A Request, with Supporting Evidence, with USCIS: There is no form or fee to ask for section 204(l) relief. The beneficiary must submit a written request with supporting evidence of eligibility to a U.S. Citizenship and Immigration Services (“USCIS”) office. If the relative dies while the eligible petition is pending, the beneficiary should specifically ask USCIS “to approve the petition under section 204(l),” despite their relative’s death. With the request, it is crucial to include relevant documentation, such as the death certificate of the petitioner and evidence of the relationship (e.g., marriage certificates, birth certificates).
2. Consult with An Experienced Immigration Attorney: Given the complexities of immigration law, working with an experienced immigration attorney can greatly enhance the chances of a successful application.

Conclusion

The loss of a family member is devastating, and navigating the immigration system during such a difficult time can be overwhelming. However, section 204(l) offers a vital lifeline for surviving relatives, ensuring that the immigration journey can continue in the wake of loss. If you or someone you know may qualify for relief under this provision, it is essential to seek guidance to explore the available options.

Please note, the above is for informational purposes only and does not constitute legal advice. For further assistance in your specific case, please contact our office to discuss your situation. Together, we can navigate these challenging waters and help you continue your immigration journey.