“WIDOW PENALTY” ABOLISHED: New Hope for Widows and Widowers
For many years widow(er)s were unfairly prevented from petitioning for Lawful Permanent Resident (LPR) status if their spouses died before they had been married for two (2) years. The “Widow Penalty” law left many widow(er)s without legal status in the United States, forcing them to return to their home countries or remain in the U.S. in unlawful status. However, effective October 28, 2009 the “Widow Penalty” has been set aside.
The new law allows for a widow(er) and his or her children to file for LPR status within two (2) years of the date of death of the U.S. citizen spouse, as long as the widow(er) has not remarried. For widow(er)s whose spouses died prior to October 28, 2009, they have until October 28, 2011 to file for adjustment of status with USCIS. USCIS will not be sending any notice to these widow(er)s that the clock is ticking against them.
In the event that a previously pending petition was closed or denied by USCIS due to the death of a U.S. citizen spouse, we can potentially revive that petition and allow the widow(er) to apply for LPR status, as long as it is filed before October 28, 2011.
If you or someone you know is potentially affected by this monumental change in the law, please contact our office at 1(888)7-ADANVEGA for more information.
DID YOU KNOW THAT …?
Every year 10,000 EB-5 visas are available to immigrants who invest at least $500,000.00 in an American business that creates 10 jobs.
Domestic violence victims can petition USCIS for eligibility to acquire a classification that can eventually lead to permanent resident status under the Violence Against Women Act (VAWA).
A permanent resident who served in the US military for at least one day during time of hostilities, includes activities in Iraq and Afghanistan, can acquire citizenship.
Statistics
In 2009 over 400 people died while trying to sneak across the Mexican border.
U.S. repatriates more than 1,700 Mexicans daily.
In 2009 the number of defendants charged with immigration crimes, mostly relating to improper re-entry by immigrants or the misuse of visas and entry permits, rose 19 percent, to 26,961.
A record 670,000 foreign students are studying in the United States. Most come from China and India.
CBP has completed 636 miles of fencing along the southwest border.
Department of Homeland Security (DHS) received $2.75 billion to stimulate the economy under the American Recovery and Relief Act.
