Wednesday, September 2, 2009

USCIS provides interim relief from the "widow penalty."

On August 31, 2009, the USCIS posted the following Fact Sheet on its website. It stated that the Agency was providing "interim deferred action relief" for surviving spouses of U.S. citizens who died before the 2nd anniversary of their marriage. According to the Agency:

The "widow penalty" prevents widow(er)s of deceased U.S. citizens from becoming lawful permanent residents on a petition filed by their late spouse or from later self-petitioning to change their status if the U.S. citizen dies before the second anniversary of their marriage.

The relief is temporary and will allow the widow and their children to remain in the United States. The USCIS makes it clear, however, that a legislative solution is required. You can read more here and here.

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