Green Card for Widow(er)s of Deceased U.S. Citizens
Until October 28, 2009, the marriage to the deceased citizen had to have happened at least two years of the deceased citizen’s death, in order to immigrate as the widow(er) of a citizen. U.S. government did away with the “widow penalty” and now it does not matter if you were married for less than two years.
All widows or widowers who were married to U.S. citizens at the time of the citizen’s death may apply for a green card.
To immigrate as the widow(er) of a citizen, you must prove that you were legally married to the citizen,
If an immigration application was previously filed but had not been adjudicated at the time of the death, the widow or widower will be able to automatically transfer the application into a widow/widower visa application.
General Survivors’ Rights
The new law also permits individuals to apply for permanent residency if petitions were filed prior to the death of the petitioner or principal immigrant if the beneficiary or derivative beneficiary resided in the U.S. at the time of the death sponsor’s death and the individuals continue to reside in the U.S. Thus, if you are the child of an individual who filed or was the primary beneficiary of a family based or employment based petition, the law may allow you to file for permanent residency. The law includes you if you are:
Family-Based Preference Beneficiaries
Refugees and Asylees
Nonimmigrants in T or U status.
Widow(er) of a U.S. Military Member
For surviving spouses of deceased U.S. military members who were killed in combat, there are separate immigration benefits under section 1703 of Public Law 108-136. Individuals in these categories may self-petition for “immediate relative” status on Form I-360.
You may be eligible to receive a green card through widow/widower status if you:
Were married to a U.S. citizen at the time he or she passed away
Either has a pending or approved Form I-130 or you have filed a Form
I-360 within 2 years of your spouse’s death (or no later than October 28, 2011, if your citizen spouse died before October 28, 2009, and you were married less than 2 years).
Are not remarried
Were not divorced or legally separated from your spouse at the time he or she died
Are able to prove that you were in a bona fide marital relationship until the time of your spouse’s death
Moses Apsan and his staff, based in New York City and Newark, NJ provide exceptional legal services throughout the world, in all aspects of immigration to the United States, including non-immigrant (temporary visas), immigrant visa (Green Card) and deportation defense. In addition Mr. Apsan, has been practicing Bankruptcy law and Divorce laws for over 35 years, He was the President of the Federal Bar Association, New Jersey Chapter (1997-2002). He speaks Portuguese and Spanish..
Apsan Law Offices, LLC. practices in the areas of Immigration & Citizenship throughout New York and New Jersey in communities including Essex County, Union County, Passaic County, Hudson County, Morris County, Bergen County and Somerset County, as well as the cities of Union, Linden, Rahway, Irvington, Hillside, Bloomfield, Harrison, Orange, East Orange, West Orange, Camden, Clifton, Edison, Jersey City, Passaic, Trenton, Bergenline Avenue, Union City, Newark, Ironbound, Kearny, South River, Jersey City, Paterson, Passaic, Elizabeth, Edison, Woodbridge, Toms River, Hamilton, Trenton, Camden, Clifton, Passaic, Garfield, Wallington, Cherry Hill, East Orange, Union City, Bayonne, Irvington, Old Bridge, Lakewood, Long Branch, North Bergen, Vineland, Wayne, Parsippany, Troy Hills, New Brunswick, Plainfield, Bloomfield, Perth, Amboy, East Brunswick, North Brunswick, West New York, West Orange Hackensack, Atlantic City, Mount Laurel, Montclair, Hoboken, and Belleville. We also serve individuals and businesses located in New York's Queens, Bronx, Manhattan, Brooklyn, Staten Island, Westchester, Rockland, Nassau and Suffolk Counties on Long Island including the towns of Hempstead, North Hempstead, Oyster Bay, Huntington, Islip, Babylon, Smithtown, Brookhaven, Riverhead and the North Fork and South Fork (Hampton) of Long Island. We assist people and businesses to file for relief under the Bankruptcy Code. We are a debt relief agency.
This is an advertisement. Certification as an Immigration Specialist is not currently available in New York or New Jersey. Apsan Law Offices, LLC., practices in immigration law, a Federal practice area, and in State laws of New York and New Jersey and we do not claim expertise in the laws of states other than where our attorneys are licensed. The information contained on this site is intended to educate members of the public generally and is not intended to provide solutions to individual problems. Readers are cautioned not to attempt to solve individual problems on the basis of information contained herein and are strongly advised to seek competent legal counsel before relying on information on this site. The information ?presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.Disclaimer: Apsan Law Offices, LLC. is a Debt Relief law firm as defined by 11 U.S.C. 528. We help people file for Bankruptcy Relief under the Bankruptcy Code. We do not guarantee any result and prior results do not guarantee a similar outcome. This is an attorney advertisement and this website is for informational purposes only.