The Orlando Sentinel reported today that a federal judge in Los Angeles tentatively ordered the Department of Homeland Security (DHS) to reopen the cases of 22 individuals who were denied legal permanent residence because their U.S. citizen spouses died during the application process.
U.S. District Judge Christina A. Snyder ruled the so-called “widow penalty” doesn’t require that immigrants’ permanent residency applications be denied when their American spouses die.
Citing a 2006 decision by the 9th U.S. Circuit Court of Appeals, Judge Snyder ruled that applicants do not lose their status as spouses of U.S. citizens if death occurs before the government rules on their applications.
U.S. Citizenship and Immigration Services (USCIS) has argued that the law requires that applications for legal permanent residence be rejected for immigrants whose U.S. citizen spouses die within two years of the marriage (referred to as the “widow penalty”).
Attorney Brent Renison filed the class action lawsuit on behalf of the widows and said,
The decision, if made final, would be a victory for more than 200 people across the country who have been affected by the widow penalty. This case is very significant because it’s the first that follows the circuit court decision and gives guidance to the agency on what it can and cannot do in these situations.
