Earlier this week Janet Napolitano, Secretary of the Department of Homeland Security (DHS) amended immigration regulations for widows and widowers of U.S. citizens, and their unmarried children under the age of 18, who live in the U.S. and who were married for less than two years before their spouse’s death. Any immigration actions against these individuals, according to the newly granted reprieve, will be deferred for two years.
"Smart immigration policy balances strong enforcement practices with common-sense, practical solutions to complicated issues," said 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."
In addition Napolitano provided guidance to USCIS to suspend the adjudication of visa petitions and adjustments of status applications filed for widows and widowers, in cases where the only reason for a reassessment of the individual’s immigration status was the death of their U.S. citizen spouse (in cases where they were married for less than two years).
Finally, USCIS has received guidance to favorably consider requests for the humanitarian reinstatement of immigration status in cases where previously approved petitions for widows and widowers were revoked due to regulations.
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