Comprehensive Overview of Immigration Law (COIL) Practice Exam

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Prepare for the Comprehensive Overview of Immigration Law Test. Utilize flashcards and multiple-choice questions, all with hints and detailed explanations. Achieve success in your examination journey!

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What happens to the I-130 petition for a spouse if the U.S. citizen spouse dies?

It cannot be converted
It automatically converts to an I-360 self-petition
The process must be restarted
It is immediately canceled

The correct answer is: It automatically converts to an I-360 self-petition

When a U.S. citizen spouse dies, the I-130 petition can be converted to an I-360 self-petition. This allows the surviving spouse to continue the immigration process without having to restart their application from scratch. The conversion recognizes the unique circumstances surrounding a spouse's death and provides a pathway for the surviving spouse to obtain immigration relief, particularly for those who might be vulnerable and affected by the death of their partner. The I-360 self-petition provides important protections and simplifies the process by allowing the widowed spouse to apply for lawful permanent residence based on their marriage to the deceased U.S. citizen, as long as the marriage was valid and not entered into for the purpose of evading immigration laws. This option is particularly critical for those who would otherwise face obstacles and uncertainties in navigating the immigration system following such a loss.