1. What are the green card options for a widow or widower of a U.S. citizen?

The green card options for a widow or widower of a U.S. citizen is a “green card through marriage,” also known as an “immediate relative” visa. This visa allows the widow or widower to apply for permanent residence in the United States and become a lawful permanent resident. In addition, the widow or widower must be able to show that they entered the marriage in good faith and that the marriage was not entered into for the purpose of obtaining a green card. The widow or widower must also meet certain other requirements, such as having no prior record of unlawful presence in the United States and not being inadmissible under any other immigration law.

2. Is there a time limit to file for a green card for a widow or widower of a U.S. citizen?

Yes, there is a time limit to file for a green card for a widow or widower of a U.S. citizen. The widow or widower must file the Form I-360 within two years of the citizen’s death.

3. Do I need to have been married to the U.S. citizen when they passed away in order to apply for a green card?

No. Widows and widowers of U.S. citizens can still qualify for a green card if the marriage occurred within two years prior to the citizen’s death, or at least two years prior to filing for the green card.

4. What supporting documents must I include in my green card application for a widow or widower of a U.S. citizen?

In order to apply for a green card as the widow or widower of a U.S. citizen, you must submit the following supporting documents:
-A copy of your deceased spouse’s death certificate
-A copy of your marriage certificate
-Proof of termination of any prior marriages
-Proof that you are the parent of any children included in your application
-Evidence of your relationship with your deceased spouse (such as photos, joint bank accounts, birth certificates for children born during the marriage, shared leases, etc.)
-Proof that you maintained a valid residence in the U.S. after your spouse’s death
-Evidence of any legal name change (if applicable)
-Proof that you have been living in marital union with your deceased spouse until his or her death
-A copy of the biographic page from your passport
-Two identical passport-style photographs taken within 30 days prior to filing

5. What form do I need to submit to apply for a green card as a widow or widower of a U.S. citizen?

You will need to submit Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.

6. Is there an application fee for the green card application for widow or widower of a U.S. citizen?

Yes, there is an application fee of $535 for the green card application for widow or widower of a U.S. citizen.

7. Is an interview required for the green card application for widow or widower of a U.S. citizen?

Yes, applicants for a green card based on the marriage to a US citizen must attend an interview with a USCIS officer.

8. Can I travel outside the U.S. while my green card application is being processed for widow or widower of a U.S. citizen?

Yes, if you have a valid re-entry permit or a valid advance parole document, you may travel outside the U.S. while the application is being processed. If you do not have either of these documents, then you can travel outside the U.S. after your green card has been approved.

9. Will my green card application be expedited if I am the widow or widower of a U.S. citizen?

Yes, green card applications for widows and widowers of U.S. citizens can be expedited. The process is known as the Widow(er)’s Priority Processing and involves filing Form I-360 with U.S. Citizenship and Immigration Services (USCIS).

10. What other benefits will I receive if I am approved for a green card as the widow or widower of a U.S. citizen?

If you are approved for a green card as the widow or widower of a U.S. citizen, you will be eligible to live and work in the United States permanently. You may also be able to apply for U.S. citizenship after five years, if you meet the requirements. Additionally, you may be eligible for certain government benefits, such as Social Security, Medicaid, and Medicare.

11. Is there an English language requirement to qualify for the green card as the widow or widower of a U.S. citizen?

No, there is no English language requirement to qualify for the green card as the widow or widower of a U.S. citizen.

12. Can I work in the U.S while my green card application is being processed as the widow or widower of a U.S. citizen?

Yes, you may be eligible to apply for employment authorization while the green card application is being processed. This is done through Form I-765, Application for Employment Authorization. You must provide evidence that you are a widow or widower of a U.S. citizen, such as a copy of the death certificate or other proof of the marriage and the death.

13. Will I be able to sponsor others after I am approved for my green card as the widow or widower of U.S citizen?

Yes, once you have been approved for a green card as the widow or widower of a U.S. citizen, you can sponsor other individuals for U.S. permanent residence.

14. How long does it take to process my application for green card as the widow or widower of a U.S citizen?

The processing time for a green card application as the widow or widower of a U.S citizen can vary, depending on the individual’s situation. Generally, it can take from six months to a year or more for the entire process to be completed.

15. Are there any restrictions on my eligibility to receive a green card as the widow or widower of U.S citizen?

Yes, there are some restrictions on your eligibility to receive a green card as the widow or widower of a U.S citizen. You must meet the following eligibility requirements:

1. You must have been legally married to the U.S citizen for at least two years at the time of their death.

2. You must not have been legally separated from the U.S citizen at the time of their death.

3. You must have been living in the U.S when your spouse died, or if you were living abroad, you must have been living in the same country as your spouse at the time of their death.

4. You must not have remarried before applying for a green card.

16. Will I be required to have medical examination when applying for my green card as the widow or widower of U.S citizen?

No. You will not be required to have a medical examination when applying for a green card as the widow or widower of a U.S. citizen.

17. What is the process if my application for green card as the widow or widower of a U.S citizen is denied?

If your application for a green card as the widow or widower of a U.S citizen is denied, you may have the option to appeal the decision or may be able to file a motion to reopen or reconsider the original decision. Depending on the circumstances and the reason for the denial, you may also be able to file a new application. It is advisable to seek the assistance of an experienced immigration lawyer who can review your case and advise you on the best options.

18. Can family members come with me and be eligible for derivative permanent resident status if I am granted a green card as the widow or widower of U.S citizen?

Yes. If you are granted a green card as a widow or widower of a US citizen, your unmarried children under 21 years of age may apply for derivative permanent resident status. They must submit Form I-485, Application to Register Permanent Residence or Adjust Status, along with the required documentation.

19 .How will obtaining permanent resident status through the widow or widower of U S Citizen program affect my current immigration status in the US?

If you obtain permanent resident status through the widow or widower of U.S. Citizen Program, it will not affect your current immigration status in the US. However, it will give you the right to work and live in the US without having to apply for a visa. Additionally, you will be eligible to apply for citizenship after a certain period of time.

20 .What happens after my permanent residence is approved as the widow or widower of US Citizen?

Once your permanent residence is approved, you will receive your green card in the mail. You will be able to live and work in the United States permanently and travel in and out of the US. You may also apply for citizenship after three years if you meet the eligibility requirements.