DHS Establishes Interim Relief for Widows of U.S. Citizens
DHS has announced the granting of “deferred action” for two years to widows and widowers of U.S. citizens, as well as their unmarried children under 18 years old, who reside in the United States and who were married for less than two years prior to their spouse’s death.
Deferred action is an act of government discretion to suspend any proceedings against an individual who has no other redress under immigration law. It does not actually resolve their immigration status, but basically puts them on hold. Individuals granted deferred action may apply for work authorization.
It will still take legislative action to allow for widows or widowers to actually secure the permanent resident status they would have been entitled to based on their marriage.
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