President Obama Eliminates the Widow Penalty

President Obama approved a new law ending the "widow penalty," a rule that prevented widows of U.S. citizens from applying for legal permanent residency if they were married for less than two years, on Wednesday, October 28.

This means a number of things for surviving spouses...

1. Surviving spouses now have the opportunity to petition on their own for legal permanent residency, instead of being placed in removal proceedings.
2. The new law does not apply to those who have re-married.
3. Spouses of the deceased need to prove that their marriage was in good faith.
4. Widow/widower(s) have two years from the enactment of the law to apply independently for legal status.
5. Any widow/widower currently in removal proceedings can file an I-360 with USCIS and file a motion to terminate their removal proceedings.
6. The Department of Homeland Security has heard the voices of those involved in a class action lawsuit because of the widow penalty.
7. Immigration law reform is possible.

Who does this effect?

Before it was removed, the widow penalty affected nearly 200 people, according to Brent Renison, a pro-bono lawyer who works for Surviving Spouses Against Deportation. Renison filed a class action lawsuit on behalf of the surviving spouses against The Department of Homeland Security.

The widow penalty, when in effect, impacted immigrants like Donna Bowen, previously profiled on Real Immigration Stories. Find out how this is effecting Donna, with the most recent update.