Thread: Congress passes green-card bill for spouses of deceased U.S.

Congress passes green-card bill for spouses of deceased U.S. citizens

Widows and widowers would now be eligible regardless of when their partner died or how long they were married. The measure awaits President Obama's signature.

By Anna Gorman
October 21, 2009

Congress passed a bill today that would make widows and widowers of U.S. citizens eligible for green cards even if their spouses died before their applications were approved.

The measure, part of the more than $40-billion Homeland Security appropriations bill, ends the "widow penalty" -- which required couples to be married for two years before the surviving spouse would be eligible to apply for residency. Now, surviving spouses can apply for a green card for themselves and their children regardless of when the U.S. citizen died or how long they were married.

There are believed to be a few hundred cases affected nationwide, including that of Dahianna Heard, whose husband was fatally shot while working for a private security contractor in Iraq; Raquel Williams, whose husband died of sleep apnea and heart problems; and Ana Maria Moncayo-Gigax, whose husband was killed in a car crash while on duty with the U.S. Border Patrol. Many are fighting deportation and others have already been deported.

"It was just something crying out to be fixed," said Brent Renison, who has been fighting to get the law changed since 2004. "These cases should have been approved."

Renison had fought the case in courts around the nation, including in Los Angeles, where a judge earlier this year ordered the Department of Homeland Security to reopen the immigration cases of nearly two dozen people who were denied green cards because of the deaths of their U.S.-citizen spouses.

In June, the federal government announced that it would suspend deportation proceedings for two years so applicants could stay in the U.S. while their legal status was resolved. But Renison said that didn't go far enough and he continued to push Congress to change the law.

The bill now goes to President Obama for his signature.

anna.gorman@latimes.com

http://www.latimes.com/news/nationworld ... 2831.story

Unfortunately, the murder rate for those married to people seeking legalized presence is about to go up after this.

W

Originally Posted by ALIPAC

Unfortunately, the murder rate for those married to people seeking legalized presence is about to go up after this.

W

Yes. And it could be very dangerous to tell them that you want a divorce

because at that point you are more useful to them dead than alive.

Originally Posted by JohnDoe2

Originally Posted by ALIPAC

Unfortunately, the murder rate for those married to people seeking legalized presence is about to go up after this.

W

Yes. And it could be very dangerous to tell them that you want a divorce

because at that point you are more useful to them dead than alive.

Which begs the question: What if the American citizen spouse dies during the divorce process? Does the immigrant spouse still get a green card because the divorce was not finalized? Maybe Americans married to immigrants will have to file for divorce in secret and then hide out till it is finalized.

70. S.AMDT.1428 to H.R.2892 To amend the Immigration and Nationality Act to extend the religious workers and Conrad-30 visa programs, to protect orphans and widows with pending or approved visa petitions, and for other purposes.

Sponsor: Sen Hatch, Orrin G. [UT] (introduced 7/8/2009)
Cosponsors:
Sen Bennett, Robert F. [UT] - 7/9/2009
Sen Cornyn, John [TX] - 7/9/2009
Sen Gillibrand, Kirsten E. [NY] - 7/8/2009
Sen Kennedy, Edward M. [MA] - 7/9/2009
Sen Menendez, Robert [NJ] - 7/8/2009
Sen Nelson, Bill [FL] - 7/8/2009
Sen Reid, Harry [NV] - 7/9/2009
Sen Schumer, Charles E. [NY] - 7/9/2009

Latest Major Action: 7/9/2009 Senate amendment agreed to. Status: Amendment SA 1428 as modified agreed to in Senate by Unanimous Consent.


http://thomas.loc.gov/cgi-bin/bdquery/z?d111:HR2892:
Click here for complete list of amendments

My first thought was to imagine how many old men might now be sought out by young illegal women. Middle class and poor old guys can now get young girls just like rich old guys!
(sarcasm emoticon)

I have mixed feelings about this.

1. This should never apply to the surviving spouse if that spouse is here illegally. If the widow/er is here legally, he/she already has a green card.

2. This should apply only to widows of those who died in service for the US (military, police, border patrol, firemen, etc.).

3. What about the widows/ers of US citizens who are denied the right to come to the US, if their spouse dies while in the military overseas? I recall there being a widow and her child in Japan who can't even come live with her husband's parents.

4. Illegal aliens have shown that they have no respect for rule of law or human lives, when they stand in their way. Unfortunately, I do believe Americans will end up dieing because of this.