In the past a petition that may have beenfiled by a U.S. citizen forPermanent Residence for his/her spouse was automatically revoked upon the deathof the U.S.citizen. There was certain relief if the parties had been married for more than2 years.

Now the Immigration Service has providedguidance on petitions by deceased U.S. citizens for their spouses.

In future, surviving spouses of U.S.citizens who died before the second anniversary of the marriage, if notremarried and who were not legally separated from the citizen spouse at thetime of the citizen’s death and who are residing in the United States as wellas such surviving spouse’s children will now be entitled to humanitarian reliefin their pursuit for Permanent Residence.