Eligibility for I-485 Relief for Surviving Spouse

[pur179]

Hi,
My husband deceased in 2018 and His I-140 priority date is current now. Can I use his I-140 date and apply for I-485 now?

[newacct]

I'm assuming that he was the principal beneficiary? The I-140 petition automatically becomes invalid when the principal beneficiary dies. If you or one of the other derivative beneficiaries was residing in the US at the time of your husband's death, and continues to reside in the US now, you can request INA 204(l) reinstatement.