http://www.greencardfamily.com/news/news2009/news2009_0615.htm
DHS Secretary Janet Napolitano has granted deferred action for two
years to widows and widowers of U.S. citizens=97as well as their
unmarried children under 18 years old=97who reside in the United States
and who were married for less than two years prior to their spouse=92s
death.
Secretary Napolitano also directed USCIS to suspend adjudication of
visa petitions and adjustment applications filed for widow(er)s where
the sole reason for reassessment of immigration status was the death
of a U.S. citizen spouse prior to the second anniversary of the
marriage.
Additionally, ICE will defer initiating or continuing removal
proceedings, or executing final orders of removal against qualified
widow(er)s and their eligible children. USCIS will also consider
favorably requests for humanitarian reinstatement where previously
approved petitions for widow(er)s had been revoked because of the
law.
DHS will soon issue guidance instructing the public on how to apply
for this relief. These directives apply regardless of whether the
citizen filed a petition for the alien spouse before death. Deferred
action is generally an act of prosecutorial discretion to suspend
removal proceedings against a particular individual or group of
individuals for a specific timeframe; it cannot resolve an
individual=92s underlying immigration status. Individuals granted
deferred action may apply for work authorization if they can
demonstrate economic necessity.
While Secretary Napolitano=92s directive provides a short-term
arrangement for widow(er)s of deceased U.S. citizens, legislation is
required to amend the definition of =93immediate relatives=94 in the
Immigration and Nationality Act to permit surviving spouses to remain
indefinitely after the U.S. citizen spouse dies, enabling them to seek
permanent resident status. For the full text, please click here.
As we reported earlier, in a federal distict court litigation in the
West Coast on this issue, the court ordered a similar but much limited
relief order that applies only to those who are residents in Circuit 3
an 6 jurisdictions despite the nationwide class action lawsuit. In
order to give a full relief, a Congressman introduced a legislative
bill last month to give the same relief which the Secretary Napolitano
is granting in the form of deferred action.
As the Secretary states above, the law must be amended to redefine the
"immediate relatives," and the pending bill is intended to achieve the
full relief which the Secretary has alluded to. Big Hats Off to
Honorable Janet Napolitano for the admirable humanitarian decision.
For the development of pending judicial relief litigation and the
legislative relief bill, please stay tuned to this web site.
http://www.greencardfamily.com/news/news2009/news2009_0615.htm
www.greencardapply.com
www.greencardfamily.com
|