Thread: Immigrant widows can sue DHS for green cards

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Immigrant widows can sue DHS for green cards
July 1st, 2008, 4:56 pm · posted by jgallego
Immigrant widows who were denied legal residency because their U.S. spouses died before they got their green card scored a small victory against the Department of the Homeland Security.

On Monday, a federal court allowed their lawsuit against Homeland Security and the U.S. Citizenship and Immigration Services to move forward.

The case of Hootkins v. Chertoff challenges the agency’s practice of automatically denying spousal status to the husbands and wives of U.S. citizens when the spouse dies during the processing of a green card application.

The practice–called the “widow’s penaltyâ€

THE APPLICATION IS BASED ON THEIR MARRIAGE TO AN AMERICAN CITIZEN. IF THE CITIZEN DIES, THEN THEY ARE NO LONGER MARRIED TO AN AMERICAN CITIZEN. THE APPLICATION SHOULD BE CANCELLED.

IT MAY NOT BE THEIR FAULT THAT THEIR SPOUSE DIED....THAT IS NOT THE POINT. THE POINT IS THAT THEY NO LONGER HAVE A BASIS FOR THEIR APPLICATION.

IMMIGRANT APPLICANTS DO NOT HAVE AN AUTOMATIC RIGHT TO STAY IN USA. IF THEY APPLY BASED ON MARRIAGE (WANTING TO STAY WITH THEIR SPOUSE), THEN THE APPLICATION CAN ONLY BE VALID AS LONG AS THEY ARE MARRIED.

IF THEY WANT TO SUBMIT ANOTHER TYPE OF APPLICATION, I WOULD LET THEM DO THAT....BUT THE MARRIAGE VISA....NO....ITS OVER.