Stop Spouses From Being Deported After the Death Of Their Partner

[todobien]

Thanks guys....

I'm simply trying to assist a friend and good Colombian woman I have known for at least 6 years. I'll repeat as I think it is important, she works full time and goes to school full time. She contributes additional time and money to causes she believes in. He mom had a petition for her that she was waiting on but the marriage stopped that.

I'm not getting anything out of this. I'm just putting the word out on a board that I was thinking would understand. And showing a way to make a difference, should this possibly happen to you and your significant other.

She has contacted one of the best attorneys in Miami on this, another in Orlando and Tampa but none will take her case. The current law is what is holding her back. She has also contacted our State Representatives.

In response to what Ray mentioned, here is what my friend told me. First I forwarded Ray's msg as follows:

"If she has a conditional green card and has not yet completed the Removal of Conditions before her USC husband died, then she can request a waiver of the joint filing requirement as long as she entered into the marriage in good faith."

Here is a summary of what she told me....

Unfortunately at the time of her husbands passing she was waiting for the interview to obtain her temporary green card. When finally interviewed, she was denied because her husband was dead. She was not considered married anymore and therefore in the position of other widows currently working on this.

If she was granted a temporary green card, or if married for more than 2 years then she would be fine.

She did have a petition with her Mom. However, once she got married this petition changed classification and now she has to start all over again.

If the law changes she will be fine and that is why she has asked to support the petition.

If you support this take action. If you would not want your wife in this situation because "god forbid" some untimely thing happened to you that she (and possible child) would be sent out of the country. Please consider the option that I opened this thread with.

Things like this are not going to have big money supporting it. This is not a corporate thing.

[william3rd]

And her mother's immigration status is. . . . what?

The petition from mom is subject to the preference categories. So- is this a 2B petition or a 1A petition?

There may be something coming up in the fall session which might help her.

[Researcher]

BTW- IMBRA/VAWA enforcement has begun. I am aware of four cases thus far- all involving a combination of factors.

Cases are returned to the US.

  William III,
         Have you heard about the International VAWA they are now trying to push through?


   Researcher

[william3rd]

Not really- The rules that they have in place  now are pretty broad and widespread. What else could they be looking for?

[Researcher]

Not really- The rules that they have in place  now are pretty broad and widespread. What else could they be looking for?

              Getting other governments to enforce these laws?

[Ray]

*****
Judge in LA orders green card cases reopened

By Raquel Maria Dillon, Associated Press Writer Wed Apr 22, 1:10 am ET

LOS ANGELES – A federal judge tentatively ordered the Department of Homeland Security to reopen the cases of 22 people who were denied green cards because their American spouses died during the application process.

U.S. District Judge Christina A. Snyder ruled the so-called widow penalty doesn't necessarily 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, Snyder ruled this week that applicants don't lose their status as spouses of U.S. citizens if the death occurs before the government rules on their applications.

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, said attorney Brent Renison, who filed the class-action lawsuit in Los Angeles.

"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," Renison told The Associated Press on Tuesday.

The U.S. Citizenship and Immigration Service has argued the law requires that residency applications be rejected for immigrants whose American spouses die within two years of being married.

Lawyers are also fighting the widow penalty in Missouri, Maryland, Georgia and Texas.

DHS spokeswoman Amy Kudwa said she could not comment on any of the lawsuits, but she said addressing the widow penalty has been a priority in her department since Homeland Security Secretary Janet Napolitano took office earlier this year.

"A review of our legal, legislative and other possible means to address the problem is under way," Kudwa said.

Renison acknowledged DHS's new leadership will need time to analyze the issue but hopes the widow penalty will be revised soon. He said he plans to continue litigating the policy until the Supreme Court agrees to review it or until Congress passes a law to close the legal gap.

"The decision can't come soon enough for these families," he said. "It's just a terrible situation to be in."

Snyder issued her preliminary ruling Monday and scheduled a hearing for Wednesday.

Renison said he is not sure if the judge will make a final decision during the hearing.
*****