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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 117370
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My former husband (citizen of Cameroon) was a permanent

Customer Question

My former husband (citizen of Cameroon) was a permanent resident in Washington DC and deceased in July. It is not known by any of the heirs if his current wife (citizen of Benin), has also gotten a permanent legal resident status. She doesn't talk to the heirs. To file probate for a house my former husband owns in Washington DC, we need to know if she is a US permanent resident or not, because if she is not, she can't file probate. Of all heirs only my son is US citizen and could file probate, but we don't want to do it, if she herself could file it.
How can we find out if she has a permanent resident status. I have the permanent resident number of my former and now deceased husband.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Unfortunately, there is only one way for you to find out her residence status and you would need her full name and date of birth and would have to go through US Customs and Immigration Service to make that determination.

It is likely in the best interests of your son to file the probate anyhow, because then your son and his attorney (you if your son is a minor as guardian of your son's estate) would be in control to insure that your son would get his 1/2 share of all of the property and assets his father left in the US. Also, if there was still property in Cameroon, he could be entitled to that as well and the attorney would need to contact an attorney there to explore that as well.

If you wait for her to file, she could file and take control of assets and try to hide them from your son and try to not give him what he is entitled to.

I am afraid though that going through USCIS is the only way to determine her legal status in the US.