Immigration Law, Rights of Spouse if the spouse dies.
In a marriage of an American citizen and a Foreigner, the American never filed for the Spouse but the American citizen dies suddenly. How do Widow’s Rights apply to this immigration scenario, especially if the Spouse entered the United States with a tourist visa and her permitted time has passed? There is a marriage term provision in the immigration laws for this and provides for foreigners to file their own petition within two years of the date of death of their American spouse if they are able to prove that they were married for more than two (2) years. Now due to a recent amendment, it is possible to file a petition even if the couple has not been married for 2 years
Fernando Palacios, Esq.
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