Rule eased for surviving spouse - for now

New York Daily News
By Allan Wernick
Tuesday, September 8th 2009

U.S. Citizenship and Immigration Services has announced rules that allow surviving spouses of United States citizens to remain here pending changes in the law.

Current law allows a widow or widower of a U.S. citizen to self-petition for permanent residence only if the couple had been married for at least two years. The rule has been challenged in federal court, and Congress is considering changing it.

Meanwhile, the USCIS will let spouses of U.S. citizens and their unmarried children younger than 21 get deferred action status. That status allows the widow/widower and children to live legally in the U.S., work and get travel permission no matter how long the couple had been married. However, the surviving spouse must not now be married.

To apply for benefits under this program, a surviving spouse files Forms I-360, Petition for Amerasian, Widow(er), or Special Immigrant (filing fee $365) with the USCIS Vermont Service Center, 75 Lower Welden St., St. Albans, Vt. 05479. If you plan to work, include I-765, Application for Employment Authorization (filing fee is $340). For travel, include form I-131, Application for Travel Document (filing fee is $305). For more information, visit the USCIS Web site at www.uscis.gov or call (800) 375-5283.

Q My daughter-in-law came here on a fiancé(e) visa from Guyana. She never married the man who brought her here, but instead married my son. That was after she had been here two years. About one year ago, she went home to get her immigrant visa, but she is still waiting. What can we do to move her case along?

Norma Manning, Brooklyn

A You should be hearing about her case soon. If you don't hear in the next two months, have a member of Congress inquire for you.

When someone comes here on a fiancé(e) visa, immigration admits that person for 90 days. If the visa holder marries the U.S. citizen who filed the fiancé(e) petition, even after the 90 days have passed, he or she can adjust status. That is, get permanent residence here. If the person marries a different U.S. citizen or marries a permanent resident, he or she must apply for an immigrant visa at a U.S. Consulate abroad. Because your daughter-in-law overstayed more than 180 days, she needs a waiver of the “unlawful presenceâ€