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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€