Asian Journal- The Filipino-American Community Newspaper

QUESTION: My husband died years ago (right in the middle of our petition.) After 2 years, I found out that I could have filed the Widow Petition, but did not. Is there anything I can do at this time? I heard there was something just passed that might help me.

Answer: Yes, on October 20, 2009, the Senate voted to pass the Department of Homeland Security Appropriations Bill Conference Report that contained a provision to end the widow penalty. The House previously voted to pass the bill. The bill became Public Law Number 111-83 upon President Obama’s signature on October 28, 2009.

Answer: The bill contains two measures to address survivors’ issues: 1) self-petitioning rights for all widow(er)s of American citizens and their children; and 2) certain survivors’ rights for other immigrants.

The law removes the two-year marriage requirement from the current law (Immigration and Nationality Act Section 201(b)(2)(A)(i)) that permits widows and widowers ("widow(er)s") of US citizens to file a self-petition for themselves and their children, while retaining the requirement to show a good faith marriage. The law does not alter the rights of widow(er)s who were married two years or more, who have been able to self-petition since 1990.

It will allow a widow(er) who was married less than two years at the time of the citizen spouse’s death to file an I-360 self-petition form within two years of the law’s passage. This self-petition can be filed concurrently (together) with an Application for Adjustment of Status to Lawful Permanent Resident (Form I-485) if the widow(er) is in the United States pursuant to a lawful entry. If the widow(er) is outside the United States, he or she can apply for an immigrant visa following the I-360 approval. The law does not require that a petition have ever been filed by the US citizen spouse.