Murthy Law Firm Again Secures Green Card for Surviving Spouse Under INA 204(l)
Key Takeaways
- It has been reported that the Murthy Law Firm secured approval of an I-485 (adjustment of status) for a surviving spouse under INA section 204(l).
- INA 204(l) can protect surviving spouses of deceased employment‑based beneficiaries if statutory requirements — including proof that the U.S. was the spouse’s principal dwelling place at the time of death — are satisfied.
- The client had been abroad for nearly a year caring for a sick relative; the firm documented continuous ties to the U.S. to show the trip was incidental and secure approval.
- This decision underscores the importance of careful evidence gathering (travel records, residence ties, intent) and legal advocacy; outcomes can vary and past results do not guarantee approval.
Background: What INA 204(l) Does
It has been reported that the Murthy Law Firm recently obtained U.S. Citizenship and Immigration Services (USCIS) approval of an I-485 for a surviving spouse relying on INA (Immigration and Nationality Act) section 204(l). That statutory provision allows certain surviving spouses and children of deceased employment‑based principal beneficiaries to continue seeking permanent residence despite the principal’s death, provided they meet specific requirements set out in the law and agency guidance. I-485 is the form used to apply for adjustment of status to lawful permanent resident.
The Case: Temporary Departure, Strong Ties
In the reported matter the surviving spouse had left the United States for nearly a year to provide care for an ill relative abroad. One critical INA 204(l) requirement is that at the time the principal beneficiary died the surviving spouse’s “principal, actual dwelling place” was the United States. The firm assembled detailed documentation — travel itineraries, evidence of property or lease ties, tax filings, U.S. family ties, and other indicia of ongoing U.S. residence and intent — to show the absence was incidental and that the U.S. remained her home.
Outcome and What It Means for Applicants
USCIS approved the adjustment application, giving the client and her children a path to permanent residence. For applicants in similar situations, the practical takeaway is clear: when a qualifying principal dies, surviving spouses should promptly gather corroborating evidence of U.S. residence and consult counsel experienced with INA 204(l) cases. Processing can be fact‑specific and adjudicators often scrutinize the “principal dwelling place” question, so strong, contemporaneous documentation and legal advocacy can be decisive. Remember that each case is different and prior successes do not guarantee future outcomes.
Source: Original Article