Thread: Survivor Benefits under INA §204(l)

Telecon Recap: Survivor Benefits under INA §204(l): A Conversation with USCIS

On This Page:
•Overview
•Questions and Answers


Overview

On October 28, 2010, Congress enacted two measures designed to provide:
1.broader self-petitioning rights for all widow(er)s of American citizens and their children; and
2.expanded survivors’ rights for other immigrants, set forth in Immigration and Nationality Act (INA) §204(l).

USCIS issued guidance on INA §204(1) in December 2010, but very little additional public information is available.

On July 27, 2011, the Citizenship and Immigration Services Ombudsman’s Office (Ombudsman’s Office) hosted a public teleconference regarding Survivor Benefits under INA §204(l). Senior Advisor Margaret (Peggy) Gleason interviewed two USCIS officials, Office of Policy and Strategy, Family and Immigrant Victims Protection Division, Adjudications Officer Erica Simpson, and Michael Sheridan from the Office of Chief Counsel. This teleconference focused specifically on INA §204(l). The elimination of the two-year widow penalty was not covered in this teleconference.

Ms. Gleason provided a brief overview of section 204(l), as summarized below.

In the past, only widows and widowers of U.S. citizens could continue to seek immigration status despite the death of their petitioning spouse. INA §204(l) expands eligibility for immigration survivor benefits to other categories of relatives, as well as to T and U non-immigrants, I-730 asylum derivatives, and derivative beneficiaries in employment and family-based preferences.

Individuals seeking immigration survivor benefits under section 204(l) must have resided in the U.S. at the time of the qualifying relative's death; continue to reside in the United States at the time the immigration survivor benefits application is filed; and comply with all other residence and physical presence requirements applicable to those requesting Lawful Permanent Resident status. In certain circumstances, a survivor who would otherwise qualify under section 240(l), but for residing outside of the U.S. at the time of the qualifying relative’s death, might be allowed to request “humanitarian reinstatementâ€

Nothing but a new loophole by Obama to give illegal aliens citizenship - Obama must not be reelected and these orders need to be reversed by whoeven suceedds him.

THIS IS DISGRACEFUL