Hemet, CA asked in Immigration Law for California

Q: If a person has a perment visa and their spouse is a us citizen and passes away does the person with the visa have legal

Rights to stay in the usa

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1 Lawyer Answer
Mr. Allan S. Lolly
Mr. Allan S. Lolly
  • Immigration Law Lawyer
  • La Jolla, CA
  • Licensed in California

A: Yes, but depending on whether your permanent resident green card is conditional. A conditional marriage green card is issued to a foreigner who is married less than two years as of the date of green card approval. If you have a conditional green card, you must apply to remove conditional status within 3 months prior to the 2nd anniversary of the issuance date on the green card. If you do not have conditional status then you are a permanent resident without conditions. You remain a permanent resident green card holder regardless of whether your spouse dies. For more information about green card requirement, see https://www.1-800-usa-immigration.com/greencard.html. Kind regards, Allan Lolly, Immigration Attorney. The information above is general in nature and not intended as legal advice for any particular matter.

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