Widows of American Citizens Catch a Break

In a measure passed last week by the Senate, U.S. Senators moved to end the practice known as the widow’s penalty. The widow’s penalty is a government practice that revokes foreigner’s applications for permanent residency when their U.S. citizen spouse dies short of the two year marriage anniversary. This measure, if signed into law by President Obama, would allow foreigners married to U.S. citizens for less than two years to submit their own petitions for residency with two years of the spouse’s death. The foreigner spouse can do this as long as he/she has not remarried and can prove a good-faith marriage to the now deceased spouse. The law is retroactive and therefore any immigrant whose spouse died within the two year anniversary, no matter how long ago, will have two years from the time the law is enacted to petition for residency. This law is a relief for many and will prevent unnecessary deportation of many.Source: New York Times 

Date: 
October 27, 2009