USCIS AND THE LACK OF PROCEDURES FOR SURVIVING RELATIVE PETITIONS UNDER INA § 204(l)
Presumably, Helene could submit a similar packet to ensure the protections of §204(l) are applied to her and her family. In her case, she need not request reinstatement, but presumably she too would need to provide proof of her spouse’s death, and demonstrate residence in the United States at the time of his death and her intent to continue to reside in the United States. Because her husband’s I-140 is still pending, the best guess is that she needs to send the information to the Service Center processing his I-140.
Myriam Jaidi is an Associate at Cyrus D. Mehta & Associates, PLLC (CDMA) where she represents clients on a full range of employment- and family-based immigration matters. Prior to joining CDMA, Ms. Jaidi supervised immigration matters at the Urban Justice Center in New York and represented clients on a broad range of immigration cases including T- and U-nonimmigrant visa classification, asylum, SIJS, VAWA relief and adjustment of status before USCIS and in removal proceedings. Ms. Jaidi received her J.D. from the University of Michigan Law School where she served as Editor-in-Chief of the Michigan Journal of Race & Law and was awarded the Dores McCree Award for Service to the Law School Community. She received her M.A. from Stanford and her B.A. from Harvard University. She has done numerous trainings on T & U visas, immigration consequences of criminal convictions, and has trained and mentored pro bono attorneys in asylum, trafficking, U visa, and VAWA self-petition cases.