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I came to USA at age of 12yrs illegally. Finish High School and also graduated from Heald College in business. I got married on July 9, 2004 to a US citizen. We have one daughter that is 4yrs. My husband died on August 29th,, 2011. We never apply for I-130. Because of this reason will I be able to apply for the I-360. Thanks
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Immigration Law Attorney serving Fort Lauderdale, FL
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SHANE AND SHANE, P.A.
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I am sorry to hear of your loss. Immigration rules allow a widow to self-petition on form I-360 even if the deceased husband did not file an I-130 petition, as long as the I-360 is filed no later than October 28, 2011. However, because of your EWI entry, you cannot adjust status here, so you must consider whether filing the I-360 at this point makes sense for you. Reminding you that the I-360 must be filed by the deadline, I urge you to contact competent legal counsel who can discuss the pros and cons of such a filing. Good luck. Michael Shane, Florida Bar Board Certified Immigration Lawyer, www.shanelaw.com Ask a Panelist Lawyer since 2002.
Answered on Sep 20th, 2011 at 4:18 PM