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Can a mother obtain green card/citizenship through her deceased son?

Hollywood, FL |

The US Citizen son passed away before the process was initiated. Can she get her green card through him? She is here legally with her tourist visa but will have to leave before her stay expire. Her daughter is a green card holder and can demonstrate ability to support her financially.

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Attorney answers 4


No, unfortunately you cannot get a green card through a deceased US relative. Perhaps her daughter can naturalize and file for her when she is eligible. - Disclaimer: This a general answer to your legal question. Unless you have a signed engagement letter with me, you should not consider this information to be legal advice.


I agree with prior counsel; the daughter is the key to this matter and she should naturalize as soon as possible.


You can not derive immigrant status form a deceased IR. However, it seems like she has a daughter who has a Green Card, once she gets her citizenship, she will be able to petition for the mother. Good Luck.

The answers offered here are purely informational and do not create an attorney-client relationship. For more detailed information or to schedule a consultation please contact our office at (718) 924-2896.


Unfortunately, since the U.S. citizen son passed away before petitioning for his mother no immigration benefits can be obtained as a result of that relationship. The mother will have to look for her daughter to petition for her once she becomes a U.S. citizen.

It may be possible to extend the period of the mother's authorized stay in the U.S. Consult with an experienced immigration attorney for case specific advice.

While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.

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