A marriage ending in the death of the US Citizen spouse before the two-year anniversary has, in the past, translated into “sayonara,” for the immigrant spouse and their minor children. However, Department of Homeland Security Secretary Janet Napolitano recently issued a memorandum granting deferred action to these widows and their qualifying children. The memo outlines different policies depending on where these surviving spouses are in the immigration process, demonstrating that Secretary Napolitano will be a valuable component of a reform package that will, hopefully, make great strides towards humanitarian relief in the US immigration system. The new memo is sort of like 31 Flavors in that there’s something for everybody. For instance: If the Form I-130 (Immediate Relative Petition) has been approved prior to the death of the US Citizen spouse, the surviving spouse may request reinstatement of the petition, which, by law, is automatically revoked. US Citizenship and Immigration Serv...
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