Donna Bowen: Deferred Action

Donna Bowen, a Canadian immigrant, is currently applying for deferred action with United States Citizenship and Immigration Services. Deferred action is a temporary program that provides relief for widow(er)s of the deceased who were married less than two years when their spouse died.

Photo Credit: Scazon (Flikr)

“I feel more American than I do Canadian, to be honest with you,” said Donna Bowen, a Canadian who has resided in the United States. for 23 years. However, she was recently served a “Notice to Appear” (NTA), making her eligible for deportation, in immigration court for residing without status in the America.

Donna was born in Montreal, Canada. She first came to the United States in 1986 as she had bought a vacation home in Florida. Up until June 9, when the Western Hemisphere Travel Initiative (WHTI) was passed, only an oral declaration of citizenship by Canadian citizens was needed to enter the U.S. The WHTI puts an end to oral declarations and enforces document requirements for all previously exempt travelers entering America, including citizens from Canada, Bermuda, and the United States.

Click here for a list of document requirements and frequently asked questions about WHTI.

Donna only intended to vacation in Florida, but, through a natural, unplanned process, wound up residing there for the past 23 years. Her spouse, who she had been married to for less than two years, recently passed away, making her ineligible for status as a legal permanent resident.

The question of her status was brought into question when she traveled outside of the country to Ireland and was stopped by Immigration and Customs Enforcement (ICE). As a United States domicile, Donna returned to her home in Florida and was then served her NTA in immigration court. Fortunately, USCIS created an interim program for widow(er)s to obtain temporary status for up to two years in the United States known as deferred action.

“God doesn’t make mistakes—that’s why I’m a believer,” Donna said in reference to her applying for deferred action with USCIS.

In Donna’s first hearing, a master calendar, her immigration lawyer, Angel L. Arias, declared Donna’s intention to file an I-360 form for deferred action and terminate removal proceedings. He feels confident that Donna will qualify for relief.

“Deferred action allows a group of individuals who normally wouldn’t benefit any relief from immigration, due to the fact that their spouse passed away, to maintain some form of legal status,” said Arias.

Donna’s next hearing is set for Jan. 21, 2010. Check out my blog again soon to see what happens next with Donna Bowen’s real immigration story.