Los Angeles, CA asked in Immigration Law, Estate Planning and Probate for Arizona

Q: A person with green card marries a US citizen, they pass away. What spousal benefits is the illegal entitled to?

1 Lawyer Answer
Kyndra L Mulder
Kyndra L Mulder
  • Immigration Law Lawyer
  • Jacksonville, FL

A: What are you saying? Is the person a green card holder (LPR) or is the peson an illegal? A person can not be both.

If the person is an LPR with conditions s/he must remove the conditions by filing a waiver of the joint filing requirement.

If the person is a 10 year green card holder the death of the spouse does not effect the status.

If the person is an illegal the person is still an illegal.

Stephen Arnold Black agrees with this answer

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