Are Widows and Widowers Eligible for Green Cards Based on Marriage?

Virginia Immigration Attorney Explains

Video Transcript:

Rob Rosenthal:

Can widows and widowers be eligible for a green card based on marriage? We're asking Virginia lawyer Sam McTyre for an Ask the Lawyers Quick Question.

Sam McTyre:

Yes, the answer is yes they can be, they have to meet certain requirements and they're not stringent requirements, but they must have been married to the US citizen at the time that he died, he or she died. They either should have a pending I-130, which is a marriage petition. That petition, if the sponsoring spouse dies would be immediately converted into what they call petition for a widow widower, which is a different form, but the immigration service will do that automatically.

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