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Video instructions and help with filling out and completing Death of us citizen in india
Instructions and Help about Death of us citizen in india
Hello ladies and gentlemen this is attorney sharp rally we're going to talk about the situation based on this memo that came in in November 18 2022 approval of a spouse immediate relative visa and the section 204 L of the immigration Nationality Act after the death of a US citizen petitioner this memo clarifies something which has always been a little bit tricky what happens if you marry it with citizen and unfortunately your spouse the US citizen spouse dies within two years of the marriage and based on any lawsuit that happen in a and an appeal that happens and the USCIS is the case is Williams versus DHS secretary they they say now that the i-130 that you filed will still be good under the section to 204 L that means basically before what happens when you become a video you had to convert that form to an I 360 and then file to get your green card but in this case they're saying no they don't have you don't have to do that because you you don't qualify under that and in this case that dimension Williams versus DHS they were saying that that person didn't qualify as a widower because that person got married after just after the the US citizen spouse died but ultimately now this is not going to be the law it has not been been with the kids now since November 2022 that person will still be able to address status that means using the i-130 petition which was filed with the i-45 that person will still be able to to meet the requirements to adjust status and get a green card of course they have to meet the requirements of marriage was bona fide that's when a five means it was a genuine marriage but at the end of the day you will still be able to to use this and this was the memo came from a case which came which is on the Eleventh Circuit although we are in California but because of this memo now the person who they will allow people to adjust status under the the section to 4l which will need not necessary the I 360 that means you don't have to go to the same position as Valois in order to get you your green card so if in case unfortunately your spouse dies within the two years of the marriage you can still get your green card and I'll put I'll upload this memo on the link on our website hopefully it will it will help a lot of people who are suffering because once you lose your spouse it becomes very difficult already and adding to that that if the immigration doesn't give you your green card things can get really bitter but now with this new memo hopefully which is revised things are going to get better for for whoo-hoo unfortunately suffer from the death of their spouse so.