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 [...]

The U.S. Citizenship and Immigration Services (USCIS) today issued new guidance for submitting applications for what is referred to deferred action for surviving foreign national spouses of U.S. citizens who died before the second anniversary of their marriage, and, for their unmarried children under 21 years of age. Deferred action is a temporary immigration benefit granted to certain [...]

The American Immigration Lawyers Association (AILA) reported recently that Senators Menendez (D-NJ), Gillibrand (D-NY) and Leahy (D-VT) introduced the Orphans, Widows and Widowers Protection Act (S. 1247) to amend the immigration laws to provide benefits for applicants who have submitted family-based petitions based on marriage to U.S. citizen spouses who subsequently pass away during the immigration process.   The bill if [...]

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 [...]

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 [...]