Spouses, parents or children of a member of Armed Forces who died in combat

The surviving immediate relatives of a member of the United States armed forces who died during active duty are eligible for certain survivor benefits. These relatives are given special consideration when applying for permanent resident status. To apply for a green card after the service member's death, the following must be true:

 

     The service member was serving honorably in active duty in a branch of the U.S. armed forces.

     The service member died from injury or disease caused by or aggravated by combat.

     The surviving spouse must not have been legally separated from the service member at the time of death.

     The surviving spouse must not have remarried before obtaining permanent residence as a military surviving spouse.

     The survivors file a Form I-360 petition for this immigration benefit within two years of the service member's death.

 

Sometimes members of the U.S. military are not citizens but were lawfully admitted permanent residents; or were in the process of applying for an adjustment of status before their death. These non-citizens may be granted citizenship posthumously (after their death), for their surviving family members to receive survivor benefits.

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