Effect of Citizen's Death on Permanent Resident Alien

[landgbrookes]

my stepmother, who resides in texas, is a permanent resident alien by virtue of marriage to my father abroad. they have resided in this country for 20+ years. she never became naturalized as a citizen. my father recently died. what effect does this have on the residence status of my stepmother? is there paperwork she needs to submit to INS at this time and what are her deadlines for doing so? does the death of my father affect her status in this country in anyway; i.e., property rights, etc. thanks.

 

[LegalBeagle]

my stepmother, who resides in texas, is a permanent resident alien by virtue of marriage to my father abroad. they have resided in this country for 20+ years. she never became naturalized as a citizen. my father recently died. what effect does this have on the residence status of my stepmother? is there paperwork she needs to submit to INS at this time and what are her deadlines for doing so? does the death of my father affect her status in this country in anyway; i.e., property rights, etc. thanks.

She will not be asked to leave if that is what you are wondering. Generally, once a person gets the 10 year PR card, they are pretty certain to stay bar committing a crime. When does her current card run out?

 

[landgbrookes]

thanks legalbeagle for your reponse. the reason for my inquiry is we came across a requirement that it is necessary to file petition under 204(a)(1)(A)(ii) of ina (whatever that is) in order to remain an "immediate relative" who would have unlimited residence in us and that this petition must be filed within 2 years of death of the spouse who was a citizen. could you shed some light on this? does she have to do this?

in answer to your question regarding her PR card, what if she doesn't have a current card - what if it has expired? appreciate your help!!