Legal Question in Immigration Law in New York

An immigrant who over-stayed his visa married a U.S. citizen. 8 months later, she died, and now a year after her death he wants to apply for a green card based upon the marriage. Is this possible


Asked on 9/10/09, 2:14 pm

4 Answers from Attorneys

Luba Smal Smal Immigration Law Office

Under the recent USCIS regulations, this illegal immigrant may be able to apply for deferred action (which is not a green card). It's advisable to consult a knowledgeable immigration attorney.

Web: www.law-visa-usa.com

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Answered on 9/15/09, 2:29 pm
Alexander Tsiring The Tsiring Law Firm, P.C.

There are ways under certain conditions when a spouse of a deceased US citizen can apply for obtaining legal status.

please contact our firm if you need further assistance.

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Answered on 9/15/09, 2:39 pm
Douglas Lightman Lightman Law Firm LLC

The couple would have had to have been married for at least 2 years, assuming an application for adjustment of status was not filed while the USC was alive. If an application for adjustment of status was filed while the USC was still alive, then the immigrant wouldn't necessarily be barred from adjusting status (applying for a green card) as a result of the marriage lasting less than 2 years.

Please feel free to contact me at 212.643.0985 for more assistance on this or visit my website at www.lightmanlawfirm.com. Thanks.

Doug

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Answered on 9/15/09, 3:06 pm
Antoinette Wooten The Wooten Legal Consulting, PC

I would need more information regarding your particular case before I can comment on it properly.

However, in answering your question simply put �NO�.

As a spouse the green card would be based on the marriage relationship and unfortunately the wife has died. Accordingly, she is not available to provide the necessary paperwork needed to support the petition or to present her position to the immigration service.

Patricia Martin-Gibbons

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Answered on 9/19/09, 11:55 am


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