Who Is Eligible for Section 204(l) Relief for Surviving Relatives After a Petitioner or Principal Dies?

Who May Be Eligible

You may be eligible to seek Section 204(l) relief if you are a:

• Principal or derivative beneficiary of Form I-130 (regardless of whether the petitioner was a US citizen or LPR), and the petitioner died;
• Derivative beneficiary of Form I-130, and the principal beneficiary died;
• Derivative beneficiary of Form I-140, and the principal beneficiary died;
• Beneficiary of a pending Form I-730, and the petitioner died;
• T or U nonimmigrant visa holder in a derivative classification (T-2, T-3, T-4, T-5, U-2, U-3, U-4, U-5) and the principal (T-1 or U-1) visa holder died;
• Derivative asylee (AS-2 or AS-3) and the principal asylee (AS-1) died;
• Derivative beneficiary for VAWA classification (Form I-360) and the VAWA self-petitioner died;
• Derivative beneficiary of Form I-485 filed by a battered spouse or child under the Cuban Adjustment Act or the Haitian Refugee Immigrant Fairness Act (HRIFA), and the principal applicant died; or
• Conditional permanent resident (CPR) child of a CPR filing an I-751 waiver of joint filing based on battery or extreme cruelty, and the CPR dies.

To be eligible, at least one beneficiary must have been residing in the United States when the qualifying relative died, and that same beneficiary must continue to reside in the United States when seeking relief.

What Counts as Residence

You reside in the United States if the US is your primary actual dwelling place in fact, without regard to intent (see INA section 101(a)(33)). Residence is not interrupted by incidental travel such as vacations, family visits, or work travel. Physical presence at the exact moment of the relative's death is not required — only that the US was your primary home at that time and continues to be. For petitions with multiple beneficiaries, only one needs to meet the residence requirement for all to benefit.

Favorable Exercise of Discretion

Section 204(l) relief is discretionary, not an entitlement. USCIS may decline to provide relief if doing so would not be in the public interest. However, Congress intended this provision to help people placed in difficult circumstances by the death of a relative beyond their control. This congressional intent is a very strong positive factor in the discretionary analysis.

Pending vs. Approved Petitions

The requirements for Section 204(l) relief are the same regardless of whether the petition was pending or already approved when your relative died. If already approved, the approval is automatically revoked by operation of law; Section 204(l) relief reinstatement undoes that revocation so the immigration process can continue.

How to Request Section 204(l) Relief

There is no form and no fee. Submit a written request with supporting evidence to a USCIS office. Your request should specifically ask USCIS to approve or reinstate approval of the petition under Section 204(l). Include:

• Your name and your deceased relative's name, plus names of any other beneficiaries on the same petition;
• Your alien registration number (A number) and that of the deceased relative, if applicable;
• The receipt number on your petition or application;
• A certified death certificate (with certified English translation if not in English);
• Proof of your US residence at the time of death and continuing to the present (lease/mortgage, utility bills, pay stubs, school records, etc. — only one beneficiary needs to meet this requirement for petitions with derivatives); and
• Form I-864, Affidavit of Support, from a substitute sponsor (not required for T/U nonimmigrant visa holders, asylees, or refugees).

Where to Send the Request

Substitute Sponsor for Form I-864

If you were required to have Form I-864 and the petitioner died, a substitute sponsor must file the form. To be a substitute sponsor, the individual must be a US citizen, national, or LPR; at least 18 years old; and one of: spouse, parent, mother-in-law, father-in-law, sibling, child, son, daughter, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, grandchild, or legal guardian. T/U nonimmigrant visa holders, asylees, and refugees do not need Form I-864.