4 FAQ about 204(l) in immigration

On Behalf of | Dec 5, 2023 | Immigration |

As individuals traverse the complex landscape of immigration, unexpected challenges can arise, throwing families into uncertainty.

One such challenge arises when a petitioner, the linchpin in the immigration process, passes away. In these difficult times, the 204(l) provision emerges as a beacon of hope, offering a lifeline for eligible family members to continue their journey toward reunification.

1. What is 204(l) in Immigration?

In immigration law, 204(l) refers to a provision that allows certain family members to continue their immigration process even if the petitioning family member passes away. This provision is important for maintaining family unity in challenging circumstances.

2. Who qualifies for 204(l) relief?

To qualify for 204(l) relief, you must be a family member seeking immigration benefits through a deceased petitioner. The relationship could be that of a spouse, child or parent. It is important to note that this provision only applies to family-sponsored immigrant petitions.

3. How does 204(l) work in practice?

When a petitioner passes away during the immigration process, the law allows the eligible family member to step into the petitioner’s shoes. This means that the surviving family member can continue with the immigration process using the same petition filed before the petitioner’s death.

4. What documents are necessary for 204(l) relief?

To apply for 204(l) relief, you need to submit evidence of the qualifying relationship and the petitioner’s death, along with any other required documentation for the specific immigration benefit you are seeking. Providing accurate and complete documentation is necessary for a successful application.

In 2021, the U.S. population included 44.9 million immigrants. While people come to the country to improve their lives, life still comes with the unexpected. Understanding 204(l) in immigration is important for families facing the unfortunate circumstance of a petitioner’s death.