The U.S. Department of Homeland Security (DHS) Secretary Napolitano granted yesterday a temporary immigration benefit knows as deferred action for a two year period to widows U.S. citizens and their unmarried children under 18 years old who are in the United States and, who were also married for less than two years prior to their U.S. citizen spouse’s death.

Deferred action is a temporary form of relief granted by the DHS in the form of prosecutorial discretion to suspend deportation proceedings against an individual or group of individuals for a prescribed amount of time.  Additionally, deferred action does not resolve an individual’s underlying immigration status. Individuals granted deferred action may also apply for an employment authorization card if economic necessity can be proven.

DHS Secretary Napolitano said,

“Granting deferred action to the widows and widowers of U.S. citizens who otherwise would have been denied the right to remain in the United States allows these individuals and their children an opportunity to stay in the country that has become their home while their legal status is resolved.”

Deferred action provides a temporary reprieve for these individuals, legislation will be required to amend the immigration law to allow surviving spouses to remain in the U.S. after his or her U.S. citizen spouse dies, to ultimately seek lawful permanent residence.