Potential Remedies for Immigrant Families After Losing a Family Member to the Pandemic – Widow(er)s of U.S. Citizens, 204(l), and Humanitarian Reinstatement

U Visa/T Visa/VAWA
Publication Date

Mortality from COVID-19 meant that many immigrant families grieved over lost family members, and simultaneously were faced with the loss of an immigration benefit that may have depended on the deceased relative. This practice advisory will explore the options that may remain for a surviving relative who has lost someone to COVID-19 where an immigration benefit was also involved. The three possible remedies are: Survivor benefits for widow(er)s of U.S. citizens (USCs) under INA § 201(b)(2)(A)(i); other benefits for certain surviving relatives under INA § 204(l); and humanitarian reinstatement of an approved I-130 petition.