ONE of the few positive developments Immigration legislation over the past twenty years has been relief for spouses and children of abusive petitioners provided by the Violence Against Women’s Act (VAWA). For many years, the spouse in an abusive relationship with a lawful permanent resident or citizen of the United States was left helpless in an abusive relationship, dependent on the abuser to adjust status, but desiring to escape the dysfunctional relationship. Spouses and children involved in such situations are eligible to attain the status they would have been eligible for in a normal relationship with the Petitioner through a “self-petition.” Others are eligible for “cancellation of removal” if in proceedings, such that they are also eligible for permanent resident status without the abuser’s petition.

IN OCTOBER 2009, President Obama signed into law amendments to the Immigration & Nationality Act (INA) reversing the longstanding rule that a “visa petition dies with the petitioner.”  The new law will ameliorate the harsh, unfair consequences resulting to thousands of beneficiaries of family and employment-based visa petitions who have been waiting for years for their priority dates to become current, only to have their hopes dashed by the untimely death of the Petitioner before they could obtain their green cards.  The signing of this new law could mark an end to nearly 15 years of anti-immigrant lawmaking and the beginning of an era of “common sense” fairness in new immigration legislation.