If your United States citizen spouse has passed away, you may still be able to receive a green card. If you were legally married to a U.S. Citizen at the time of their death, you can petition yourself for lawful status. You must file this petition within two years of your spouse's passing, and you may not petition yourself if you have remarried. You may petition yourself if your spouse had never filed a petition for you. If your spouse filed a petition for you but it had not yet been approved when they passed away, an additional petition may not be necessary. Unfortunately, many widows and widowers do not know a new petition is unnecessary, and they end up paying fees to immigration of forms that were not needed. This why it is important to consult with an immigration attorney before you decide to file a widow petition and pay the fees, as it may not be necessary. Contact Dorsett & Zapata, PLLC for your free consultation.