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.
