I-485 approved for woman whose US citizen husband died soon after marriage

We have received an approval for our client whose US citizen husband died several months after the marriage. Our client and her late husband filed I-130 and I-485 in Los Angeles CIS and before the interview, her husband died. CIS denied the petition. Several months later, our client retained our service to file motion to reopen her application based on a 9th Circuit Court of Appeals case in which the court struck down CIS interpretation of the law about the eligibility to continue the I-130 petition if the citizen spouse dies before the I-130 is approved. CIS has issued memorandum instructing filed offices within the jurisdiction of the 9th Circuit court to follow the case law, although it continues to disagree with the court's interpretation of the law. Asa result, only cases filed in the 9th Circuit court will benefit from the new policy.

CIS reopened our case, issued RFE and approved the case without interview.