The Orlando Sentinel reported today that an immigration law  that triggered the deportation of widows and widowers of U.S. citizens who were married for less than 2 years will soon be abolished.

Congress gave its consent yesterday that it would abolish a provision referred to as the “Widow’s Penalty.” which is part a Homeland Security bill that the President is expected to sign in the next few days.

Existing immigration law triggers the deportation of surviving immigrant widows of U.S. citizens who die before being married for 2 years. The new law would allow immigrant widows of U.S. citizens to submit self-petitioning widows of U.S. citizen petitions even if the U.S. citizen spouse had died prior to being married to the immigrant spouse for less than 2 years. 

We reported on this issue in April of this year when 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.

Related posts:

Federal Court Orders the DHS to Reopen Cases Involving Widows of US Citizens

U.S. Senate Introduces the Orphans, Widows & Widowers Protection Act