Immigrant Visas
Survivor Benefits for Non-Citizen Relatives of Military Personnel
Surviving spouses, children or parents of a U.S. citizen member of the armed forces may file an immigrant visa petition, Form I-360 (pdf), on his/her own behalf in the immediate relative category if
• the U.S. citizen served honorably in an active duty status
• died as a result of injury, or of disease incurred in or aggravated by combat
The spouse must have been married to the U.S. citizen at the time of the U.S. citizen’s death and cannot have been legally separated. There is no time requirement regarding the length of marriage.
The alien child will remain classifiable as an immediate relative even if he or she gets married or turns 21 years of age.
The alien parent will remain classifiable as an immediate relative irrespective of the U.S. citizen’s age at the time of his or her death. The standard requirement that the U.S. citizen must be 21 years of age or older to petition parents does not apply under this section.
To qualify, the petition must be filed with the United States Citizenship and Immigration Services (USCIS) within two years of the death of the U.S. citizen.
Applicants resident in Germany may file the petition with the U.S. Citizenship and Immigration Services (USCIS) in Frankfurt;
Applicants resident in the United States should contact their local USCIS office for further information.
