By Crispin Lozano
The new law on widow(er) and survivors was signed by President Obama on October 28, 2009 allowing widows and survivors to apply for green card through self petition.
Question: What has changed under the new law on widows(er)?
Answer: The new law removes the two-year marriage requirement from the current law. It will allow a widow(er) who was married less than two years at the time of the U.S. citizen spouse’s death to file an I-360 petition from within two years of the law’s passage.
Question: What are the benefits provided for widows of United States citizen?
Answer: The following are the benefits:
1. A widow(er) who was married less than two years at the time of the U. S. citizen spouse death may file a self-petition within two years from October 28, 2009.
2. The law is retroactive. This means that even the death of the U.S. citizen spouse happened ten years ago, the widow(er) may still file within two years from October 28, 2009.
3. Children of widow(er) who are under 21 years of age at the time of self-petition may qualify as derivative beneficiary.
Question: What are the benefits for “OTHER SURVIVORS”?
Answer: The new law provides for the continuous adjudication of cases for those petitions filed before the death of the petitioner or principal immigrant provided these “other survivors” are in the United States at the time of death of the petitioner or principal beneficiary and they continue to reside in the United States up to the present.
Question: Who are included as “OTHER SURVIVORS”?
Answer: The following are considered “other survivors”:
1. Immediate relatives (spouse, parent, minor children of U.S. citizen)
2. Unmarried son of daughter of U.S. citizen
3. Married son or daughter of U.S. citizen
4. Spouse or child of lawful permanent resident
5. Brother and sister of U.S. citizen
6. Employment based dependents (spouse and minor children)
Question: Are other applications such as waiver applications included in the new law if the qualifying relative died?
Answer: Under the new law, it is possible for an application for a waiver to be approved provided an application or petition was filed by the qualifying relative prior to his or her death.
Note: This is not a legal advice and you need to speak to an immigration attorney about the specifics of your case.
Hot News of the Week
1. On October 29, 2009, our request for waiver of misrepresentation for entering as single but actually married for a client in Fresno, CA was approved by the Immigration Judge. He is the son of a U.S. citizen and he has been in the U. S. for 20 years. Mr. D can now apply for naturalization and bring his family to the United States.
2. Last October 20, 2009, we received an approval from the Administrative Appeals Office for an I-601 waiver request for Ms. W who made a misrepresentation by using another name at the time of entry to the United States. She is married to a U.S. citizen with two U.S. citizen sons and she has been in the U.S. for more than 20 years. Before the approval of the waiver, the USCIS denied her adjustment of status application two times.
3. Aliens who entered without inspection and are abused by U.S. citizen or Lawful Permanent Resident spouse may file a self-petition and adjust status under Violence against Women Act (VAWA).
4. Applicants for adjustment of status through marriage are being separately interviewed if there is a wide difference in age, education, language, cultural background or difference in national origin, or some inconsistencies or suspicions in the application filed.
5. Denied adjustment of status and Naturalization applications are now being sent to the Immigration Court.
6. Income tax filing is required in the proposed legalization. Individual Tax Identification Number (ITIN) can be used for filing tax returns and is required before bank accounts can be opened. It is also needed by employers to charge to expense payment for contractual job. Our office assists clients in obtaining ITIN.
Crispin Caday Lozano is an active member of the State Bar of California and he specializes in immigration law. He earned his Juris Doctor at Western State University in Fullerton, California. His offices are located at 1290 B Street, Suite 203, Hayward, California 94541 and at 777 N. First St., Suite 333, San Jose, CA 95112. You can contact him at telephone number (510) 538-7188.
The new law on widow(er) and survivors was signed by President Obama on October 28, 2009 allowing widows and survivors to apply for green card through self petition.
Question: What has changed under the new law on widows(er)?
Answer: The new law removes the two-year marriage requirement from the current law. It will allow a widow(er) who was married less than two years at the time of the U.S. citizen spouse’s death to file an I-360 petition from within two years of the law’s passage.
Question: What are the benefits provided for widows of United States citizen?
Answer: The following are the benefits:
1. A widow(er) who was married less than two years at the time of the U. S. citizen spouse death may file a self-petition within two years from October 28, 2009.
2. The law is retroactive. This means that even the death of the U.S. citizen spouse happened ten years ago, the widow(er) may still file within two years from October 28, 2009.
3. Children of widow(er) who are under 21 years of age at the time of self-petition may qualify as derivative beneficiary.
Question: What are the benefits for “OTHER SURVIVORS”?
Answer: The new law provides for the continuous adjudication of cases for those petitions filed before the death of the petitioner or principal immigrant provided these “other survivors” are in the United States at the time of death of the petitioner or principal beneficiary and they continue to reside in the United States up to the present.
Question: Who are included as “OTHER SURVIVORS”?
Answer: The following are considered “other survivors”:
1. Immediate relatives (spouse, parent, minor children of U.S. citizen)
2. Unmarried son of daughter of U.S. citizen
3. Married son or daughter of U.S. citizen
4. Spouse or child of lawful permanent resident
5. Brother and sister of U.S. citizen
6. Employment based dependents (spouse and minor children)
Question: Are other applications such as waiver applications included in the new law if the qualifying relative died?
Answer: Under the new law, it is possible for an application for a waiver to be approved provided an application or petition was filed by the qualifying relative prior to his or her death.
Note: This is not a legal advice and you need to speak to an immigration attorney about the specifics of your case.
Hot News of the Week
1. On October 29, 2009, our request for waiver of misrepresentation for entering as single but actually married for a client in Fresno, CA was approved by the Immigration Judge. He is the son of a U.S. citizen and he has been in the U. S. for 20 years. Mr. D can now apply for naturalization and bring his family to the United States.
2. Last October 20, 2009, we received an approval from the Administrative Appeals Office for an I-601 waiver request for Ms. W who made a misrepresentation by using another name at the time of entry to the United States. She is married to a U.S. citizen with two U.S. citizen sons and she has been in the U.S. for more than 20 years. Before the approval of the waiver, the USCIS denied her adjustment of status application two times.
3. Aliens who entered without inspection and are abused by U.S. citizen or Lawful Permanent Resident spouse may file a self-petition and adjust status under Violence against Women Act (VAWA).
4. Applicants for adjustment of status through marriage are being separately interviewed if there is a wide difference in age, education, language, cultural background or difference in national origin, or some inconsistencies or suspicions in the application filed.
5. Denied adjustment of status and Naturalization applications are now being sent to the Immigration Court.
6. Income tax filing is required in the proposed legalization. Individual Tax Identification Number (ITIN) can be used for filing tax returns and is required before bank accounts can be opened. It is also needed by employers to charge to expense payment for contractual job. Our office assists clients in obtaining ITIN.
Crispin Caday Lozano is an active member of the State Bar of California and he specializes in immigration law. He earned his Juris Doctor at Western State University in Fullerton, California. His offices are located at 1290 B Street, Suite 203, Hayward, California 94541 and at 777 N. First St., Suite 333, San Jose, CA 95112. You can contact him at telephone number (510) 538-7188.
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