Legal Question in Immigration Law in California

My husband sponsors me for my 2 years green card. But he has cancer now and doctor says he might die. My question is that if he dies before I renew my green card to 10 years, does it affect to my immigration status? We have a 2 year-old daughter. Please, advise. Thank you.

Asked on 12/26/13, 3:43 pm

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

I am terribly sorry to hear about your husband's health situation.

You can file form I-751, to remove the condition on your residency, within 90 days of its expiration. If your husband passes before then, you still must file form I-751, & then you will be scheduled for an interview. I don't see why USCIS would deny the removal of the condition due to death of the petitioner.

Wishing you much luck in the new year.

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Answered on 12/26/13, 3:50 pm

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