I am writing on behalf of the widow of a friend who married a woman from morocco and brought his wife to the usa 14 months ago and she received her green card but her husband now passed away. She has a green card but has only been here for 14 months and her spouse did not file any additional paperwork on her behalf before his death. What does she need to do at this point in order to stay in the usa legally and is there a waiver she can apply for?
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Spouse died after 14 months!
- Thread starter jasonbz99
- Start date
This assumes that you are asking about someone with a conditional greencard that was issued for two years.
She merely needs to file form I-751 on time. ON TIME means within the last three months before the greencard expiration date. No waiver is required.
Matter of ROSE, 25 I&N Dec. 181 (BIA 2010) http://www.justice.gov/eoir/vll/intdec/vol25/3670.pdf
A conditional permanent resident under section 216(a) of the Immigration and Nationality Act, 8 U.S.C. § 1186a(a) (2006), who is seeking to remove the conditional basis of that status and who has timely filed the petition and appeared for the interview required under section 216(c)(1), does not need a separate section 216(c)(4) hardship waiver if the petitioning spouse died during the 2-year conditional period.
She merely needs to file form I-751 on time. ON TIME means within the last three months before the greencard expiration date. No waiver is required.
Matter of ROSE, 25 I&N Dec. 181 (BIA 2010) http://www.justice.gov/eoir/vll/intdec/vol25/3670.pdf
A conditional permanent resident under section 216(a) of the Immigration and Nationality Act, 8 U.S.C. § 1186a(a) (2006), who is seeking to remove the conditional basis of that status and who has timely filed the petition and appeared for the interview required under section 216(c)(1), does not need a separate section 216(c)(4) hardship waiver if the petitioning spouse died during the 2-year conditional period.
I had also heard that she could file for I360. Would this form work for her also and what would be the results if she did file the I360?
Thanks
An I-360 would substitute for an I-130. THIS case involves someone who already has a "greencard". In that there was a question about what to do when the USC died after only 14 months, it is more likely that it was asking about the I-751.
On the other hand, IF the card was already issued for a full ten years, then nothing further is required. She can file for naturalization when she reaches 5 yrs like anybody else.
Lastly, certain LPR spouses of CERTAIN USC spouses who died as a result of military service OR who were abusers could have a path to earlier naturalization but there was no indication that this case involved those issues.