ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
© 1995-
ILW.COM,
American
Immigration LLC.

Results 1 to 8 of 8

Thread: Impending MA widow penalty victim

  1. #1
    My husband died last year, 18 months after our wedding. We had a pending green card application in MA and now I have been scheduled for an interview. My research shows that widows of US citizens whose marriage lasted less than 2 years get automatically denied and deported. Luckily I met a wonderful man who is terrified that I might get deported. He thinks we should get married right away and withdraw my late husbands application, and re-apply with him. I adore my boyfriend but I do not feel ready to jump that broom. I am also afraid my marriage to him, one year after my husbands death will raise red flags. I just want to know, what would be the best thing for me to do. If I do get denied and get placed in deportation proceedings, can a subsequent marriage prevent me from being deported? Does anyone know of any widows or widowers experiences in the Boston office? If you are a lawyer who has dealt with such a case, please get in touch with me at by replying to this post

  2. #2
    My husband died last year, 18 months after our wedding. We had a pending green card application in MA and now I have been scheduled for an interview. My research shows that widows of US citizens whose marriage lasted less than 2 years get automatically denied and deported. Luckily I met a wonderful man who is terrified that I might get deported. He thinks we should get married right away and withdraw my late husbands application, and re-apply with him. I adore my boyfriend but I do not feel ready to jump that broom. I am also afraid my marriage to him, one year after my husbands death will raise red flags. I just want to know, what would be the best thing for me to do. If I do get denied and get placed in deportation proceedings, can a subsequent marriage prevent me from being deported? Does anyone know of any widows or widowers experiences in the Boston office? If you are a lawyer who has dealt with such a case, please get in touch with me at by replying to this post

  3. #3
    Yes, you will automatically deported. Better to leave on your own and turn in the green card than get a deportation record.

  4. #4
    hi, my english is not good but i trie
    i am in the same case,
    In jun 09 2009 janet napolitano (dhs secretary)
    establishes interis relief for widows os us citizens.
    go to this link http://www.dhs.gov/ynews/relea...r_1244578412501.shtm
    and go to
    http://www.ssad.org/images/Sur..._Action_Guidance.pdf
    and go to
    http://www.ssad.org/home.html

    i called too many lawyers but they do not now anything.

    if you can get more information please contact me

  5. #5
    <span class="ev_code_RED">No worries 4now. No need to do sham or rushed marriage.....</span>


    DHS Secretary Suspends the "Widow's Penalty"
    On June 9, DHS Secretary Janet Napolitano announced that the government would cease the prosecution and deportation of widows and orphans of U.S. citizens who died before the permanent residence process could be completed.



    “Smart immigration policy balances strong enforcement practices with common-sense, practical solutions to complicated issues,” said Secretary Napolitano. “Granting deferred action to the widows and widowers of U.S. citizens who otherwise would have been denied the right to remain in the United States allows these individuals and their children an opportunity to stay in the country that has become their home while their legal status is resolved.”


    ICE will no longer place qualifying widow(er)s and orphans in removal proceedings. If a person has already been ordered removed, ICE will not enforce the removal order.


    In addition, USCIS will favorably consider requests for “humanitarian reinstatement” of revoked immigrant visa petitions.




    The new policy will apply regardless of whether the U.S. citizen submitted a visa petition on behalf of his or her spouse and children before their death.


    We link to the DHS Press Release from our “Green Cards Through Family Members” page at


    http://shusterman.com/family.html#2





    Secretary Napolitano’s new policy is a stopgap measure which does not change the law, but allows time for Congress to step in and change the law before any deportations can take place.





    And step in they did.





    Just two days after Secretary Napolitano announced her new policy, Senators Menendez (D-NJ), Gillibrand (D-NY) and Leahy (D-VT) introduced the Orphans, Widows and Widowers Protection Act (S. 1427) which addresses the immigration-related hardships caused by the death of a sponsoring relative.




    We link to this bill from our “Immigration Legislation” page at


    http://shusterman.com/toc-leg.html#3





    Currently, the issue is being litigated in courts all across the U.S. There are nearly 20 cases being fought in Federal Court. Three federal appeals courts have ruled that an immigrant does not cease being a spouse when the American partner dies during the processing of a residency application.


    The television program “60 Minutes” will feature an update on the "Widow's Penalty" on Sunday, June 14th.

  6. #6
    It's about time this was done. If the immigrant can prove a good faith marriage exactly as is required as if the USC sponsor were still alive then it shouldn't penalize the immigrant as was the case before the suspension. Now if Janet Napolitano could do it, why couldn't the previous Bush Administration hmmm???
    "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

  7. #7
    Time to impeach Janet Reno Napalitano for non-feasance.

  8. #8
    And "jump the broom" is a strange phrase for someone with such low English language skills. What is your real story?

Similar Threads

  1. WHEN will the HOUSE convene on the Impending ImmBill?
    By goodgam in forum Immigration Discussion
    Replies: 49
    Last Post: 05-30-2006, 07:00 PM
  2. widow of u.s. citizen
    By in forum Immigration Discussion
    Replies: 5
    Last Post: 07-06-2004, 02:12 AM
  3. Widow Petition
    By brooks in forum Immigration Discussion
    Replies: 3
    Last Post: 10-18-2003, 05:39 AM
  4. Penalty for an employer
    By in forum Immigration Discussion
    Replies: 3
    Last Post: 07-31-2003, 12:39 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: