Legal Question in Immigration Law in California

Green card after spouse is deceased

after a 2 year marriage the American citizen dies and spouse applys for a green card and waits over 1 year and the green card does not come. Can she remarry while awaiting yhe green card?


Asked on 3/20/06, 12:55 pm

1 Answer from Attorneys

Yano Rubinstein Hinshaw & Culbertson LLP

Re: Green card after spouse is deceased

If her prior spouse is deceased she can remarry. Whether she will be eligible to apply for a new green card based on the new marriage, or resurrect the old application will depend on many factors. If the new spouse is a United States citizen it might be better to just reapply, but again this would depend on eligibility - for example, did she enter the country legally, does she have any grounds of inadmissibility, etc. If the prior green card application was filed after the death of the spouse this is very problematic for the approval of that petition. We would need to discuss all the details before advising. Please contact Cindy Scribe of Rubinstein Law Group at 415.277.1903 for a free phone consultation. Thank you.

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Answered on 3/20/06, 1:27 pm


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