Can you be deported if you spouse dies?

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Can you be deported if you spouse dies?
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Submitted by LawQA.com on January 6, 2012 - 12:36pm

My fiance's brothers wife's mom is from Korea and her husband died. Will she get deported?

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Submitted by Alexander J Segal on January 6, 2012 - 3:33pm

Alexander J Segal's picture

I am sorry to hear about the death. The answer truly depends upon the immigration status of the deceased and the immigration status of his wife. Assuming she has no lawful immigration status or conditional residence, she may be able to remain in the United States. It will depend upon several factors. I encourage this woman to speak with an immigration attorney in person about the matter. If she is eligible for benefits, it is important she act quickly as there are deadlines to when petitions must be filed.

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