Q: How to proceed after death of husband?
My mother has green card for 13 years and she was married to American citizen, but he died not long ago. My mother would like come back to Europe. Has she to return then return the green card? Does she lost right at survivor`s pension, and if not, is she forced to pay federal and state tax?
A: From the facts you list, it is not clear exactly what is going on. If your mother has a green card through marriage to her US Citizen husband and successfully had the conditions lifted at her second year anniversary, then she can travel to Europe without without surrendering her green card. If she moves to Europe to live (or to any other country than the U.S.), then she will technically be abandoning her U.S. residency status whether she does so formally or not. She should consult with an experienced immigration attorney who will be able to understand the facts completely and render advice specific to her situation.
A: How long does she intend on staying in Europe? Assuming that she has a permanent green card, there may be other alternatives than returning or surrendering her green card. As far as the survivor's pension and tax issues, you need to consult with an appropriate attorney who specializes in that field.
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