Legal Question in Immigration Law in Florida

Widow with child of American citizen....

I have returned to the US on a tourist visa after my husbands death with our son ,who is born in Sweden and has a birthcertificate that says ''father unknown'' on it as me and my spouse were fighting at the time of his birth....We reconsiliated and then my husband got hit by a car and was killed.I still returned to Florida in hopes of making a home for me and my son here....My lawyer from our past case has evaporated and I have tried to reach him to no avail...he has also been penalized somehow by the bar assc. a friend of mine found out over the internet...His name is Mark Quinn .My current lawyer says that my only hopes to stay here is to remarry wich I really dont want to do.I will be overstaying my tourist visa at the end of this month and I dont know how to proceed.Any advice you can give will be appreciated!God Bless and have a wonderful day! Nicky


Asked on 10/27/08, 1:29 pm

1 Answer from Attorneys

Marc Seguinot Seguinot & Associates, P.C.

Re: Widow with child of American citizen....

If your husband was a U.S. citizen, and he filed a petition on your behalf, an I-130 form, and it is still pending or approved, and you can demonstrate that you were married to him at least 2 years prior to his death, you may be eligible to self-petition as the widow of a U.S. citizen. (I don't know the facts of your past case.) With regard to your tourist visa, if you have exceptional circumstances that prevent you from returning to your home country, you can file for an extension of the time period. Also, you can try to change your status, possibly to an F1 or some other nonimmigrant visa. But once your B1 expires, those options are no longer available. If your current lawyer has advised that your only hope in remaining in the U.S. is to remarry a U.S. citizen, then he probably knows all the facts that prevent you from adjusting your status in the United States. My only advice is, if you cannot self-petition, or find another visa status, please do not overstay your time without requesting an extension because that would hurt your chances of returning to the U.S. Good luck!

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Answered on 10/27/08, 10:02 pm


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