Legal Question in Immigration Law in Pennsylvania

In case of death (undocumented alien)

My mother married a US citizen and is yet to receive her green card. I wondered what would happen in the case of her death if she died in the US as an illegal alien? Would her body have to be flown back to her country of birth? If she wanted to be buried/cremated in the USA, would that be possible? Also, is she entitled to a work permit as she is married to a citizen, although he is on a low income (she has an employer willing to sponsor her)


Asked on 9/27/06, 9:44 am

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: In case of death (undocumented alien)

You asked about what happens to document a marriage to a U.S. citizen.

It depends on the status of the person. No longer is a person immediately eligible for residency status simply by marrying a citizen. Often a person must apply for residency in their home country. Only then is that person vetted for contingencies. After being approved for residency then the person is allowed to obtain a spouse or fiance visa. Then another application must be filed for a resident alien card.

An attorney experienced in immigration law can steer her through the process.

And to answer your question, no, the bodies of aliens are allowed to be treated as directed.

Regards,

Roger Traversa

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Answered on 9/27/06, 3:01 pm


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