Stop Spouses From Being Deported After the Death Of Their Partner

[todobien]

I have a good Colombian friend here in the States who actually came here as a Senior in High School with her mom and brother. She graduated and is going to school and has a great job working in a chemical lab.

She married an American and less than a year after their marriage he got hit on his motorcycle and died.

As you may have seen on 60 minutes these widows are now facing deportation.

My friend has this situation now as she never got her full citizenship but has worked and been going to school on a green card (I'm not sure specifically but she does get a W2 for now)

Now her time is up and she is facing deportation.

There is a bill now to stop this. I included a form text for you to send an email to your State Representatives to encourage them to push this through.

Dear Friends,

I just wrote my representatives asking them to end the widow penalty now. 

Today, USCIS is deporting the widows of American citizens, automatically and without exception, where the death of the American spouse occurred before lengthy administrative visa processing could be completed. This practice is morally corrupt, and an injustice. Even a grade school child knows this is wrong. Deporting widows of American citizens says bad things about our country.

Send a letter to your Senator or Congressperson now and tell them to enact legislation to end the widow penalty now.

Please help by visiting http://www.immigrantslist.org/widowpenalty to write your members of Congress today.

Thank you!

[Jamie]

Today, USCIS is deporting the widows of American citizens, automatically and without exception, where the death of the American spouse occurred before lengthy administrative visa processing could be completed. This practice is morally corrupt, and an injustice. Even a grade school child knows this is wrong. Deporting widows of American citizens says bad things about our country.

Did she marry on a student or visitor visa without leaving the county to apply for the marriage visa (if that's what's required)?

[Ray]

Today, USCIS is deporting the widows of American citizens, automatically and without exception, where the death of the American spouse occurred before lengthy administrative visa processing could be completed.

That makes no sense. A visa is usually issued by the State Department before a spouse/fiancée can travel here. The “penalty” that I believe you are referring to involves spouses who married here and have not yet completed the Adjustment of Status.

Despite the whining of the 60 minutes nuts, I don’t see that as “morally corrupt” and the reference to school children I find condescending and arrogant.

Immigration law is very complicated and the way it has been interpreted by CIS may seem unjust. Lot’s of things that CIS does are seen as unjust. Some whackos even think that putting a fence on our border or enforcing immigration laws against illegals is unjust. They see ANY attempt to protect our sovereign borders as an injustice. Well, they are simply whackos in my book.

Being married to a USC doesn't automatically give you the right to stay in this country. If you bring a fiancée here and marry, you still have to show evidence of a valid relationship and file an Affidavit of Support before she can adjust status.

If you marry overseas, you still have to show financial means of support and file the affidavit before she gets a visa.

How can you complete these steps if you are no longer living?

Probably the best way to handle these widows is on a case-by-case basis. Many are probably deserving of a waiver and some probably are not. To automatically grant permanent residency to every widow who fits in this category is not too smart IMHO. What if they have no assets or means of support? Should someone else file a Affidavit Of Support to insure that she won’t become a public charge? Or should the taxpayers just automatically pick up the cost of her living expenses?

I think there are lots of questions to be asked before automatically jumping on the 60-Minutes bandwagon on this.

Now back to your friend from Colombia. Can you clarify her situation? Did she originally enter the US legally? If she has a green card, then I don’t think she falls into this “widow penalty” category. You don’t have to be a US citizen to stay here. 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.

Ray

[todobien]

Thanks for the info Ray. I don't know her situation specifically. But, yes, I believe she did not complete her adjustment of status. She did mention to me there is a long wait now and she will be sent home before she can do that.

I'll find out the answer to what you are saying. It may even be something she has not looked into.

My friend is a good woman. She had a good marriage, works and goes to school at night. I'd like to help her. 

[william3rd]

I have a good Colombian friend here in the States who actually came here as a Senior in High School with her mom and brother. She graduated and is going to school and has a great job working in a chemical lab.

She married an American and less than a year after their marriage he got hit on his motorcycle and died. Now her time is up and she is facing deportation.

There is a bill now to stop this. I included a form text for you to send an email to your State Representatives to encourage them to push this through.
 

This fact pattern makes no sense.

If she has a green card already, she does not get deported. A simple visit to a reputable attorney can fix the problem. Of course, she would have to PAY for services
This story tells me that she hadnt received her green card yet and that she was pending adjustment when her husband met his untimely end.

The actual facts should be more like this- She came with her family and OVERSTAYED her visa, attending our schools and using our services illegally. At some point in time, she married to gain status. There is no information to determine whether the marriage was real or for convenience-which could be a reason why they want to deport her.


The filing of a widow petition takes care of the situation if her I130 is already approved. 

In all probablity, she had only received her work permit and had not advanced to the interview. No interview means no green card and she returns to the status that she occupied before the qualifying act- the marriage- occurred. She could marry again and establish new eligibility. Just a thought. She still has to show some viability in the first marriage though.

Where it doesnt take care of things is if the spouse is overseas with any of her own children and has never been allowed into the US. If this is what we are talking about, why would we want to let them in to a country where they have never been?

We should be very careful about passing laws like this without looking at all of the factors. Some things that fix a problem for a handful may result in major problems for many.

She should get a referral from AILA and see an attorney in her area as soon as possible. Listening to the local notario or White Knight Marching and Chowder Society is a waste of every body's time

[el bandito]

Here is the 60 Minutes piece.

http://www.cbsnews.com/stories/2008/11/21/60minutes/main4625729.shtml

They are talking about foreign citizen wives of US Citizens who entered the US on another visa such as student visa. They did not complete the requirements of the Adjustment process to residency yet, mostly because of lengthy wait times for "Green Card" interviews, before their US Citizen husbands died.

In some cases (which ratings-hungry 60 minutes jumped on), the adjudications officer denied the adjustment because USCIS took the view that the widow is not considered a "wife" because she had not completed the adjustment before the husband died.

Now there are federal cases which say that a adjustment applicant who is not a "wife" (because she was divorced before the Interview), can still get her application approved to residency. See: Choin v. Mukasey. Google it for more information.

So yes, sometimes courts "do the right thing".

And yes, waivers and exceptions can be made by USCIS in appropriate cases.

The funny part is that the Internet is loaded up with extreme-far wing Republican "illegal alien" hating, liberal bashing, ex-military and ex-law enforcement types who think they are always "right", and who slam USCIS and the "government" all the time for everything that is wrong in immigration, but now seem to admit that "immigration law is very complicated" and that USCIS can now indeed issue waivers and exceptions in appropriate cases where there might be a technical illegality. 

Repeat chorus:

Yes, we can - secure the borders, deport criminals and felons, provide work permits and path to citizenship to qualifying unauthorized workers with roots, and make the waivers and exceptions needed in the cases which warrant them.

Yep, life is complicated, but the solutions don't have to be...

Yes, we can!!

Obama to take on immigration. (April 9, 2009)
http://www.msnbc.msn.com/id/30125477/

[Ray]

 


Now that’s a perfect example of the leftist, open-border whacko mentality that thinks enforcing the law means you are a racist or that you “hate” illegals.

Illegals are criminals who laugh at our laws and take advantage of our hospitality to steal everything they can get their hands on. Do they deserve to have US citizenship and all of the benefits that go with it because they were able to sneak in here? Hell No!

[texassingledad]

AMEN Brother!!

[Ray]

Where it doesnt take care of things is if the spouse is overseas with any of her own children and has never been allowed into the US. If this is what we are talking about, why would we want to let them in to a country where they have never been?

William,

My understanding is that a widow of a USC can self petition under certain circumstances:

If the marriage existed for more than 2 years and they were not separated at time of death, the petition is filed within 2 years of the death of the USC, and the widow does not remarry before admission.

Is that correct?

[william3rd]

That would correctly state the prima facie requirements. Look to the I130 and its status. . . .

However, I still feel that there should be no "death benefit" for someone that has never been admitted to the United States.

[Ray]

William,

I don't think the I-130 is the right form. Form I-360 covers widows/widowers.

As far as the "death benefit" goes... Personally, I think a widow of a US citizen has more right to be here than some illegal who jumped over the fence. Especially so if she has children from her deceased USC.

Ray

[el bandito]

Now that’s a perfect example of the leftist, open-border whacko mentality that thinks enforcing the law means you are a racist or that you “hate” illegals.

Illegals are criminals who laugh at our laws and take advantage of our hospitality to steal everything they can get their hands on. Do they deserve to have US citizenship and all of the benefits that go with it because they were able to sneak in here? Hell No!

Now, now.

Whoever called them "racists"? (i.e. the extreme-far right Republican ex-military "I'm-always-right" crowd shouting "deport-em-all-back-to-Mexico-as-dog-meat "criminals" and "stealers").

Just people who engage in blanket stereotypes as above, use hot button trigger words such as "amnesty" to prevent any meaningful solutions, and yes engage in a little closet "hatred". Just look at the latest FBI stats on reported "hate crimes" nationwide on foreign immigrants, including the so-called "illegals".

Now, before we all start using mindless dirty words such as "amnesty", and "criminals", "stealers" to defeat any immigration solutions, let's wash our mouth out with some soap. 

[Jeff S]

Amnesty is a mindless, dirty word?

am⋅nes⋅ty /ˈæmnəsti/ noun, plural -ties, verb, -tied, -ty⋅ing.
–noun
1.  a general pardon for offenses, esp. political offenses, against a government, often granted before any trial or conviction.
2.  Law. an act of forgiveness for past offenses, esp. to a class of persons as a whole.
3.  a forgetting or overlooking of any past offense.

The horror!

[el bandito]

Amnesty is a mindless, dirty word?

am⋅nes⋅ty /ˈæmnəsti/ noun, plural -ties, verb, -tied, -ty⋅ing.
–noun
1.  a general pardon for offenses, esp. political offenses, against a government, often granted before any trial or conviction.
2.  Law. an act of forgiveness for past offenses, esp. to a class of persons as a whole.
3.  a forgetting or overlooking of any past offense.

The horror!

Yes, the word becomes mindless and dirty when it is used (as it has been in the recent past by angry emotional people on talk radio and elsewhere with no better immigration solutions to offer) to defeat reasonable proposed solutions to the problem of unauthorized workers with no criminal record but with long-time roots - for example, one solution is fine of up to $10K per family, background check, mandatory English classes and civics requirements, years of wait time at back-of-line.

Under your book definition citied above, that is NOT "forgiveness" or "general pardon" or "forgetting" or "overlooking" of anything.

Let the posters here pay $10K for something and then they can call paying $10K for something as "amnesty".

In the meantime, let's get over the words and names and the emotions, and finally address and solve our immigration problem...

Yes, we can!

PS For those people with an open mind and who have not already made up their minds (maybe only few such people here), go to this blog and learn about proposals and ways to fix the immigration problem.

http://immigrationimpact.com/

[Bob_S]

Now, before we all start using mindless dirty words such as "amnesty", and "criminals", "stealers" to defeat any immigration solutions, let's wash our mouth out with some soap. 

Hope soap.  That's good.    Hope soap to change your audaciousness.

But really, solutions?  The powers that be don't want solutions.  They want issues.  With on-going issues, they can flex their power to rally the troops, mug the cameras, and raise funds to continue the struggle for their pet issues.  And I'm not saying this is a left or right habit.  Both seem to do it.  Whether it is gay marriage, drug legalization, abortion, illegal immigration, education reform, or whatever, there are reasonable solutions, middle grounds often, that are specifically avoided lest they resolve the issue and take the wind out of the purist activists' sails.  IMHO of course.

Let the posters here pay $10K for something and then they can call paying $10K for something as "amnesty".

When you pay for your forgiveness, I believe it is called an indulgence.   

[Ray]

one solution is fine of up to $10K per family, background check, mandatory English classes and civics requirements, years of wait time at back-of-line.

OMG, what a load of crap! Let’s offer US citizenship to anyone on the planet who will pay $10,000. Are you serious? Is that all American citizenship is worth to you, $10,00 per family?

And do you even know where the “back of the line” is? It’s a 24-year wait for many LEGAL immigrants to get that visa!

Whoever called them "racists"? (i.e. the extreme-far right Republican ex-military "I'm-always-right" crowd shouting "deport-em-all-back-to-Mexico-as-dog-meat "criminals" and "stealers").

Oh sorry, I guess you just called them “bigots” and “xenophobes”. Close enough…

And who said anything about Mexico? Who called illegals “dog meat? Are you hallucinating again? For your information, ILLEGAL ALIEN is not a race the last time I checked and all ILLEGALS are not from Mexico!

And what’s this nonsense about ex-military you keep spouting? Do you have something against those who served in the US armed forces? You aren’t one of those sissy code pink members, are you??

Just people who engage in blanket stereotypes…

OK, it's time for a reality check. That sounds just like YOU! Want some examples?

“extreme-far wing Republican "illegal alien" hating, liberal bashing, ex-military and ex-law enforcement types”

“the HATE-FILLED RESTRICTIONIST BIGOTS”

“EXTREME FAR RIGHT CONSERVATIVE RADIO TALK SHOW FANS”

“the BIGOTS and HATE-MONGERS”

“liberal bashing, illegal-alien bashing and pontificate Ad nauseam about the virtues of right-wing for-profit capitalism”

“Tancredo-lovers, far-right-wing fringe reactionary xenophobic name-callers”

“cold-hearted far-right wing fringe reactionary "illegal" alien basher”

“all the extreme far-right wing, reactionary, anti-illegal immigrant posters and readers on this board”

Yeah, right… “let's get over the words and names and the emotions”. How about practicing what you preach?

Those are YOUR words and examples of the common hateful theme in most all of YOUR posts here, and so typical of the leftist hypocrisy. So let’s stop with the stupid holier-than-thou lectures, OK?

Question: Why are all you lefties such hateful little dudes?    

[william3rd]

William,

I don't think the I-130 is the right form. Form I-360 covers widows/widowers.

As far as the "death benefit" goes... Personally, I think a widow of a US citizen has more right to be here than some illegal who jumped over the fence. Especially so if she has children from her deceased USC.

Ray

360 is correct for widows, orphans, amerasions etc.  130 is for alien relatives. The questions arising are - why not filed? why not approved? Marriage real or just a sham?

[Ray]

360 is correct for widows, orphans, amerasions etc.  130 is for alien relatives. The questions arising are - why not filed? why not approved? Marriage real or just a sham?

William,

I think the typical applicant under the I-360 widow option would probably be the spouse of a USC living abroad. The husband probably never filed because he didn't have a US domicile or just wasn't ready to relocate stateside.

How about Marshal for example on the Asian forum? He's living in China with his wife. If he died after several years over there should his wife have a chance to get US residency? How about if they had children (US citizens) together?

The widow still has to show a valid relationship, cannot be separated at time of death, and pass all the other eligibility tests.

[Jamie]

William,

I think the typical applicant under the I-360 widow option would probably be the spouse of a USC living abroad. The husband probably never filed because he didn't have a US domicile or just wasn't ready to relocate stateside.

How about Marshal for example on the Asian forum? He's living in China with his wife. If he died after several years over there should his wife have a chance to get US residency? How about if they had children (US citizens) together?

The widow still has to show a valid relationship, cannot be separated at time of death, and pass all the other eligibility tests.

Ray are you asking William more questions so he can give the wrong answer for you to correct him. 

[william3rd]

Hey look, Mr. IMBRA is following me around.

I initially wrote something pretty derogatory here but then I realized Mr. IMBRA isnt worth the effort.


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.

[william3rd]

William,

I think the typical applicant under the I-360 widow option would probably be the spouse of a USC living abroad. The husband probably never filed because he didn't have a US domicile or just wasn't ready to relocate stateside.

How about Marshal for example on the Asian forum? He's living in China with his wife. If he died after several years over there should his wife have a chance to get US residency? How about if they had children (US citizens) together?

The widow still has to show a valid relationship, cannot be separated at time of death, and pass all the other eligibility tests.

They can be used for other situations as well. As I alluded to in my earlier post- valid relationship, together, children all go into the equation.

Keep in mind that any USC children are always welcome to come to the US.

Personally, I still have heartburn over situations where there is an alien death benefit for someone that never came here, never paid into the system and yet will then come over to benefit.

THere are lots of farangdang in Thailand whose little bar girl brides are just dying to  reap the benefit when "Old Stinkey" passes on.

[David]

Keep in mind that any USC children are always welcome to come to the US.

This is not technically accurate. It depends on what year the child was born, and if the parent(s) are either USC's, and even if they are USC's it depends on how much time they spent in the US. Over the last 60 years Congress has changed the requirements to be a USC based also upon how long your parent was a USC for. It also depends on when the child was born.

Jus Soli will give a child "USC" if born within the US or its Jurisdiction. So if a child is born 4 miles off the Pacific coast, NOT a USC, especially if alien parents. However, if one USC and one alien it will depend on for hold long the parent was a USC.

Also adoption and who, if they were a LAPR or not, when they LAPR'ed, and so and so forth.

As for the widow. Yes, they can self-petition (believe its an B2-1, or IB-1 visa). However, their conditional status if they were a CF-1 (under a K-1 filing) would have 1 year and 9 months to file before the conditional status is terminated (already accounting for the 90 days the K-1 allows... and I'm not talking K-3 here, but I could go into that one too). So if they filed for a LAPR and it was approved before the USC died, then they would be golden. As it is right now, widows are not deported, IF the death of the USC was not from their involvement (I'll need to check my books on this one, could be wrong, but I'm 99% sure widows are not deported if completed the status/LAPR'ed).

Did not intend to step on anyones toes here.

[el bandito]

OMG, what a load of crap! Let’s offer US citizenship to anyone on the planet who will pay $10,000. Are you serious? Is that all American citizenship is worth to you, $10,00 per family?

And do you even know where the “back of the line” is? It’s a 24-year wait for many LEGAL immigrants to get that visa!

Oh sorry, I guess you just called them “bigots” and “xenophobes”. Close enough…

And who said anything about Mexico? Who called illegals “dog meat? Are you hallucinating again? For your information, ILLEGAL ALIEN is not a race the last time I checked and all ILLEGALS are not from Mexico!

And what’s this nonsense about ex-military you keep spouting? Do you have something against those who served in the US armed forces? You aren’t one of those sissy code pink members, are you??

OK, it's time for a reality check. That sounds just like YOU! Want some examples?

“extreme-far wing Republican "illegal alien" hating, liberal bashing, ex-military and ex-law enforcement types”

“the HATE-FILLED RESTRICTIONIST BIGOTS”

“EXTREME FAR RIGHT CONSERVATIVE RADIO TALK SHOW FANS”

“the BIGOTS and HATE-MONGERS”

“liberal bashing, illegal-alien bashing and pontificate Ad nauseam about the virtues of right-wing for-profit capitalism”

“Tancredo-lovers, far-right-wing fringe reactionary xenophobic name-callers”

“cold-hearted far-right wing fringe reactionary "illegal" alien basher”

“all the extreme far-right wing, reactionary, anti-illegal immigrant posters and readers on this board”

Yeah, right… “let's get over the words and names and the emotions”. How about practicing what you preach?

Those are YOUR words and examples of the common hateful theme in most all of YOUR posts here, and so typical of the leftist hypocrisy. So let’s stop with the stupid holier-than-thou lectures, OK?

Question: Why are all you lefties such hateful little dudes?    

HAHAHA

Looks like I finally got this poster's goat!

Now take a pill and a deep breath, amigo.

Somebody on this hard-core "I'm-always-right" Republican boys club website had to eventually call you far-right wingers out for exactly what you guys are!!! Wasn't Hillary Clinton a few years ago who said that you birds wanted to "criminalize Jesus"? 

I could cut and paste all the nasty hate words and photos bashing liberals and "illegals" you, amigo, have posted here, but why waste time?

At least you spared us putting up that silly photo of the guy with his head up his anus again...we are making progress...

Now go back to that Republican drawing board and figure something better for an immigration solution than throwing out all those "criminals" and "stealers" a/k/a/ "illegals"....

I gotta run, good-bye and good luck boys!

[Jamie]

I initially wrote something pretty derogatory here but then I realized Mr. IMBRA isnt worth the effort.

Looks like you didn’t but the effort in your career studies either. Good thing we have Ray here to correct your mistakes. If you like I can ask Gary Bala ( visa-attorney.com ) to review any legal information you provide for accuracy? Or would you prefer for Ray the non-immigration attorney to continue with this task?

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

I could see why if one of the factors was William doing the paper work.

Its fun throwing out jabs isn’t it William. I can see why you made this your forte.
To bad you can’t take the taste of your own medicine.

[Ray]

Looks like I finally got this poster's goat!

I could cut and paste all the nasty hate words and photos bashing liberals and "illegals" you, amigo, have posted here, but why waste time?

Better look again bozo!   

You conveniently ignored the fact that it isn't I who is lecturing the board members and telling them to "get over the words and names and the emotions". That was YOU hypocrite.

Now as far as the political leanings of members here, you gave yourself away when you said "pontificate Ad nauseam about the virtues of right-wing for-profit capitalism"

Smells like just another far left, hypocrite, Marxist to me. Now why don't YOU go take a pill comrade?