October 01, 2009

Two more recent "Widow Penalty" victories!

"Widow Penalty" victory in Maryland
Brent Renison reports: "The Court finds that the plain language of 8 U.S.C. § 1151(b)(2)(A)(i) does not automatically strip an alien, whose citizen spouse filed an I-130 petition but died before it was adjudicated, from classification as an “immediate relative” solely because the citizen died before the couple’s second wedding anniversary." Hats off to Michael Pass with Steptoe & Johnson in D.C.

"Widow Penalty" victory in Florida
"Before this Court is an issue of law regarding Plaintiff Juana MacLean's residency status in the United States. Coined by Plaintiff as the 'widow penalty,' this issue arises when a United States citizen petitions the government to adjust the status of the alien spouse, but dies before the government actually adjudicates the request. The Government takes the position that a petition dies with the death of the petitioning United States citizen. The surviving spouses claim the Government's position is contrary to the law. The Court agrees." Hats off to Jeff Devore.

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