Overview
Section 204(l) of the Immigration and Nationality Act provides humanitarian relief for surviving relatives who were beneficiaries of certain immigrant petitions when their qualifying relative (the petitioner or principal beneficiary) passed away. This provision recognizes that families should not have their immigration cases automatically terminated due to a tragedy beyond their control.
Before this provision was enacted in 2009, the death of a petitioner typically meant automatic denial or revocation of any pending immigration benefits. Section 204(l) relief ensures that eligible beneficiaries can continue pursuing lawful permanent residence (Green Card) even after their qualifying relative dies.
Congress designed Section 204(l) to help people who were put in an unfortunate position because of a sad event that was beyond their control. USCIS recognizes this compassionate intent as a strong positive factor when exercising discretion in these cases.
Key Features of 204(l) Relief
- No specific form required
- No filing fee to request relief
- Applies to both pending and approved petitions
- Covers multiple immigration categories
- Derivative beneficiaries can be covered
- Incidental travel does not interrupt eligibility
- At least one beneficiary must reside in U.S.
- Residence must be continuous (from death to present)
- Substitute sponsor may be needed for I-864
- Relief is discretionary, not automatic
- Must make written request to USCIS
- Subject to public interest determination
Eligibility Categories
Section 204(l) relief covers nine distinct categories of beneficiaries. Understanding which category applies to your situation is essential for determining your eligibility and properly requesting relief.
Residence Requirements
To be eligible for Section 204(l) relief, at least one beneficiary must have been residing in the United States when the qualifying relative died, and that same beneficiary must continue to reside in the United States at the time of seeking relief.
Under Section 101(a)(33) of the INA, your "residence" is your primary home—your principal actual dwelling place in fact, without regard to intent. If your primary home when your relative died was in the United States and it remains in the United States, you may benefit from Section 204(l) relief.
Key Residence Principles
- Your primary home is in the U.S.
- You were actually living here when death occurred
- You continue to live here when requesting relief
- Brief trips abroad do not interrupt residence
- Living abroad when relative died
- Relocating outside U.S. after the death
- Having an intent to live in U.S. without actual presence
- Extended residence outside the U.S.
Residence is not interrupted by incidental travel. Events like a vacation, visiting family abroad, or travel for work do not affect your eligibility for Section 204(l) relief, as long as your primary home remains in the United States.
Multiple Beneficiaries
Certain petitions can have more than one beneficiary (for example, the spouse and children of the principal beneficiary). As long as at least one of the beneficiaries was "residing" in the United States when the relative died and continues to reside here, all beneficiaries can benefit from Section 204(l) relief—even those who were living abroad.
Unlike other petitions, Form I-730 (Refugee/Asylee Relative Petition) will have only one beneficiary. The rule allowing multiple beneficiaries to benefit from one person's residence does not apply to I-730 cases.
Favorable Exercise of Discretion
Relief under Section 204(l) is not an automatic entitlement but rather a matter that Congress has entrusted to the Department of Homeland Security's (DHS) discretion. USCIS has the authority to deny relief if it determines that granting it would not be in the public interest.
Exercising discretion means weighing positive factors against negative factors to make a decision. In addition to meeting the basic requirements for Section 204(l) relief, your request must warrant a favorable exercise of discretion—meaning the "pros" of granting your request must outweigh the "cons."
Positive Factors
Potential Negative Factors
- Criminal history or immigration violations
- Evidence of fraud or misrepresentation
- Failure to maintain lawful status
- Public charge concerns
- National security or public safety concerns
USCIS recognizes that Section 204(l) is specifically intended to help people who were put in an unfortunate position because of a sad event beyond their control. This compassionate congressional intent is a very strong positive factor that weighs favorably in the exercise of discretion for most cases.
Pending vs. Approved Petitions
You may benefit from Section 204(l) relief regardless of whether your underlying petition or application was pending or already approved when your relative died. The requirements are the same—only the procedural path differs slightly.
When Death Can Occur
You may benefit from Section 204(l) relief if your relative died:
When an approved petition is "revoked" due to a petitioner's death, this doesn't mean your case is over. "Revocation" and "reinstatement" simply provide a procedural mechanism for USCIS to verify whether Section 204(l) applies and to exercise discretion. The outcome is the same: when 204(l) relief is granted, you can continue the immigration process.
How to Request Relief
There is no specific form and no fee to request Section 204(l) relief. You must submit a written request with supporting evidence of eligibility to the appropriate USCIS office.
Where to Send Your Request
| If Your Situation Is... | Send Your Request To... |
|---|---|
| Visa petition (I-130, I-140) or I-730 was pending when relative died | USCIS office currently processing your case (address on Form I-797 receipt notice, or transfer notice if case was moved) |
| Petition was approved and you are not ready to file I-485 | The USCIS office that originally approved your petition |
| Petition was approved and you are ready to file I-485 | Include with your Form I-485 package per the I-485 Instructions |
| You have already filed Form I-485 | USCIS office with jurisdiction over your I-485 application |
| You are in T or U nonimmigrant status | Vermont Service Center |
| You are in asylee status | Include with your I-485 package when filing for adjustment |
Required Documents
When requesting Section 204(l) relief, you must include comprehensive documentation to establish eligibility. The following checklist covers all required and recommended documents.
Any document not in English must be accompanied by a certified translation. The translator must certify that the translation is complete and accurate and that they are competent to translate the language.
Evidence of Residence
Only one beneficiary on a petition with derivatives needs to meet the residence requirement. However, you must provide evidence covering the entire period from the date of death until the present time. Acceptable documents include:
- Lease agreement
- Mortgage statement
- Property deed
- Utility bills
- Pay stubs
- Employment letters
- W-2 forms
- Tax returns
- School records
- Bank statements
- Medical records
- Insurance documents
Affidavit of Support (Form I-864)
Most immediate relatives and family-based immigrants are required to have an Affidavit of Support (Form I-864). Your relative's death does not change whether this requirement applies to you—but it does change who must submit it.
If you were required to have Form I-864 and the original petitioner died, you must obtain a new Form I-864 from a substitute sponsor. The substitute sponsor takes on the legal obligation to financially support you.
Who Can Be a Substitute Sponsor?
To qualify as a substitute sponsor, an individual must meet ALL of the following requirements:
Qualifying Family Relationships
The substitute sponsor must be one of the following relatives of the intending immigrant:
- Spouse
- Parent
- Mother-in-law or Father-in-law
- Sibling
- Child (son or daughter)
- Son-in-law or Daughter-in-law
- Sister-in-law or Brother-in-law
- Grandparent
- Grandchild
- Legal guardian
Who Does NOT Need Form I-864?
The following categories do not need Form I-864 or a substitute sponsor:
- T nonimmigrant visa holders (trafficking victims)
- U nonimmigrant visa holders (crime victims)
- Asylees
- Refugees
If you are the derivative beneficiary of an employment-based immigrant petition (Form I-140), you only need a substitute sponsor if a U.S. citizen or lawful permanent resident relative of yours has a significant ownership interest (5% or more) in the petitioning company.
Special Situations
Consular Processing
You can still be eligible for Section 204(l) relief even if you are ineligible to adjust status in the United States and need to travel abroad to apply for an immigrant visa at a U.S. Consulate.
Department of State (DOS) consulate officers cannot grant Section 204(l) relief—only USCIS can. If you will need to apply for an immigrant visa at a U.S. Consulate:
- Request Section 204(l) relief from USCIS first
- Notify the Department of State that you are requesting this relief as soon as possible
- This will help avoid or reduce delays in processing
Waivers of Inadmissibility
Many inadmissibility waivers (such as Form I-601 or I-601A) require demonstrating "extreme hardship to a qualifying relative" as well as a favorable exercise of discretion. If the relative who would have been your qualifying relative for waiver purposes is also the relative who died, special rules apply.
If your deceased qualifying relative would have been the person through whom you establish extreme hardship for a waiver, USCIS will assume extreme hardship to your qualifying deceased relative. However, your case must still warrant a favorable exercise of discretion (positive factors must outweigh negative factors).
If your deceased relative is not a qualifying relative for waiver purposes, you still need a living qualifying relative to be eligible for the waiver. Also, you must meet all other waiver requirements. For example, to apply for Form I-601A (Provisional Unlawful Presence Waiver), you must still be seeking to immigrate as an "immediate relative."
Humanitarian Reinstatement
Even before Congress enacted Section 204(l), DHS regulations provided discretionary authority to reinstate approval of family-based petitions that were automatically revoked due to the petitioner's death. This is known as "humanitarian reinstatement" under 8 CFR 205.1(a)(3)(i)(C)(2).
INA § 204(l) (Statutory)
8 CFR 205.1(a)(3)(i)(C)(2) (Regulatory)
Covers 9 categories including family-based, employment derivatives, asylum, T/U visas, and VAWA
Limited to family-based petitions (I-130)
Requires U.S. residence at time of death and continuing
Not specifically required by regulation
October 28, 2009
Before Section 204(l) enactment
If you believe humanitarian reinstatement under the DHS regulation may also apply to your situation, you should submit a single written request asking USCIS for relief under both Section 204(l) and the humanitarian reinstatement regulation. This approach covers all possible bases for approval.
Frequently Asked Questions
No, there is no specific USCIS form for requesting Section 204(l) relief. You must submit a written request (a letter) along with supporting documentation to the appropriate USCIS office. The request should clearly state that you are asking for relief under Section 204(l) of the Immigration and Nationality Act.
No, there is no filing fee to request Section 204(l) relief. You simply submit your written request and supporting documents to USCIS at no cost. However, if you are also filing other applications (such as Form I-485), those applications have their own fees.
If you were living abroad when your qualifying relative died, you may still be eligible IF there were other beneficiaries (such as your spouse or children) on the same petition who were residing in the United States at the time of death and continue to reside here. As long as at least one beneficiary meets the residence requirement, all beneficiaries on the petition can potentially benefit from Section 204(l) relief.
Incidental travel does not affect your eligibility for Section 204(l) relief. Vacations, family visits abroad, or work-related travel do not interrupt your U.S. residence as long as your primary home remains in the United States. The key is that your principal dwelling place continues to be in the U.S.
No, it's not too late. When a petition is approved and then the petitioner dies, the approval is automatically revoked by law. However, Section 204(l) can still apply to revoked cases. "Revocation" and "reinstatement" are procedural mechanisms—when you request and are granted 204(l) relief, USCIS reinstates the approval so you can continue the immigration process.
If you cannot find a qualifying family member to serve as a substitute sponsor, your options depend on your circumstances. In some cases, your work history or other factors may make Form I-864 unnecessary (see 8 CFR 213a.2(a)(2)(ii) for specific exemptions). Additionally, some categories such as T visa holders, U visa holders, asylees, and refugees do not require Form I-864 at all. Consulting with an immigration attorney may help identify alternatives.
Yes, Section 204(l) relief is discretionary, not automatic. USCIS can deny relief if it determines that granting relief would not be in the public interest. However, USCIS recognizes that Section 204(l) is intended to help people put in an unfortunate position due to a tragedy beyond their control—this congressional intent is a very strong positive factor. Denials are typically based on significant negative factors such as criminal history, fraud, or immigration violations.
No, Section 204(l) relief does not grant you a Green Card. It allows your underlying petition to remain valid or be reinstated so that you can continue pursuing permanent residence. You must still complete all other steps in the immigration process, including adjustment of status (Form I-485) or consular processing, meeting all eligibility requirements, and passing the admissibility review.
Processing times vary depending on where your file is located, which USCIS office is handling your case, and other factors. There is no standard processing time. Your request is typically processed along with your underlying petition or adjustment application. If you have concerns about delays, you can contact the USCIS Contact Center or submit an inquiry through your online account.
If your case involves a family-based petition (Form I-130), it's advisable to request both Section 204(l) relief and humanitarian reinstatement under 8 CFR 205.1(a)(3)(i)(C)(2) in a single written request. This covers all potential bases for approval. While both forms of relief are discretionary, requesting both gives USCIS two avenues to grant your case.
- Section 204(l) relief allows surviving relatives to continue their immigration cases after a petitioner or principal beneficiary dies
- No form or fee is required—submit a written request with supporting documents
- At least one beneficiary must have resided in the U.S. when the relative died and continue to reside here
- Relief is discretionary but congressional intent strongly favors approval
- A substitute sponsor may be needed for Form I-864 (T, U, asylee, and refugee categories are exempt)
- Consider requesting both 204(l) relief and humanitarian reinstatement for family-based cases