If the deceased service member’s spouse, child or parent applied for adjustment of status based on his or her relationship to the service member prior to his or her death, this application will be adjudicated as if the service member’s death did not occur provided:
- The service member served honorably in active-duty status in the U.S. armed forces
- The service member died as a result of injury incurred in or aggravated by combat
- The service member was granted posthumous citizenship
The service member’s spouse, child, or parent writes a letter to the district office having jurisdiction over his or her case, or indicates at the time of the interview that he or she is eligible for adjustment under Section 1703 of Public Law 108-136 and provides proof of eligibility.
If the deceased service member was an alien lawfully admitted for permanent residence, and had filed a visa petition for his or her spouse or child, the spouse or child may file a self-petition as an immediate relative provided the deceased service member:
- Served honorably in an active duty status in the military, air or naval forces of the United States
- Died as a result of injury incurred in or aggravated by combat,
- Was granted posthumous citizenship.