Citizenship for a Dead Man-Green Card for his spouse

Thomas Esparza Jr.

Case Conclusion Date:January 1, 2008

Practice Area:Immigration

Outcome:Green card granted

Description:Undocumented Woman came to see me brought by her mother in law. Turns out mother in law and her son had immigrated when son was very young. Later mom became a citizen before the son turned 18. He therefore, automatically became a USC. Problem was that he had committed suicide recently while he was in jail. If I could establish that he was a citizen, then spouse could immigrate as the widow of a USC. The USCIS does not give certificates to dead people. Therefore, I had to prepare and file the argument with proof that husband had automatically become a citizen together with the undocumented spouses application for a green card.

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