Immigration Law concerning status of foreign alien when spouse passes away

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

Attorney:Immigration law
Fernando Palacios, Esq.
Date Filed:

Our Melbourne office is centrally located in Brevard County, enabling our lawyers to serve clients throughout “the Space Coast”, including Cocoa Beach, Palm Bay, and Vero Beach.

Client Review

“I continue to be impressed and grateful for Maurice Arcadier’s depth of knowledge, methodical, measured and fair legal guidance. I’ve worked and conducted business across 15 countries, but here at home, he and his law firm feel just as much business partners as legal counsel. The perspective and consideration he offers remains more-than-valuable to me as I navigate each new business endeavor. I would wholeheartedly recommend Maurice to anyone !”
Demetri K
Client Review

For a Consultation