The spouse, parent or child of a U.S. citizen who served honorably in the Armed Forces and who died during combat is allowed to self-petition for Lawful Permanent Resident status (“Green Card”) within two years of the U.S. citizen’s death. Spouses of U.S. citizens may only apply if they were not legally separated from their spouse at the time of death and they may not remarry during the petitioning process. A child may still apply even if he or she turns 21 or gets married after the U.S. citizen’s death. Moreover, the spouse, parent or child of a Lawful Permanent Resident (“LPR”) who honorably served and died in combat and who posthumously became and U.S. citizen can also self-petition as an immediate relative within two years of the LPR’s death. It should be noted that INA §329A provides a basis for applying for naturalization on the basis of military service. For information or assistance with this type of green card, call our office today to schedule your appointment.
**This is general information and is NOT intended to provide legal advice.
©2020 Feiner & Lavy, P.C. All Rights Reserved.