Unfortunate Situation

Bob'sYourUncle

New Member
Here is the scenario: Greencard has been here legally in the US for years. She is married (long-term) to US Citizen who is a Military Vet. Unfortunately, Greencard never applied for naturalization until about a month ago. US Citizen was recently diagnosed with cancer and it has spread everywhere and things are looking quite dire.


1) Is it true that Greencard is not eligible for any death benefits (social security in particular, also military benes) if US Citizen dies before her naturalization is finalized?

2) If it is true, is there any way to push the application for naturalization along faster for humanitarian reasons?

3) Are there any military legal aid organizations that might be able to assist them for free?

Thanks in advance!
 
you have to check out rules but common sense tell me in this case death benefits does not dpend on whether vet's spouse is a
citizen or not
 
1) Is it true that Greencard is not eligible for any death benefits (social security in particular, also military benes) if US Citizen dies before her naturalization is finalized?

That is not true for Social Security. As long as she still has valid permanent resident status she'll receive the same survivor benefits as if she were a citizen. However, if she ceases to be either a permanent resident or US citizen, the benefits may stop depending on her country of citizenship and residence.

I don't know about the military benefits, but I would be extremely surprised if they would deny those benefits to a surviving permanent resident spouse just because she's not a citizen. I could see them denying benefits to a surviving spouse who has nonimmigrant status (e.g. student visa, tourist visa) or is illegally present, but not a permanent resident spouse.
 
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