DHS Finalized Rules to Remove Widow Penalty

On December 14, DHS announced that it has fully implemented its plan to remove the widow penalty, and USCIS will begin approving immigrant petitions for permanent residence of a spouse or child of citizens, even after the petitioning citizen has died.  Formerly, if the petitioning U.S. citizen spouse or parent of an immigrant died before the immigrant was granted permanent residence, the beneficiary lost his or her right to immigration status and could be deported. 

In June, DHS Secretary Napolitano issued an order granting a two-year deferral on removal for widows, widowers, and children affected by this gap in the law.  In late October, Congress adopted an amendment proposed by Senator Orrin Hatch (R-UT), adapting the immigration law to grant lawful status to these immigrant relatives. 

In December, DHS finalized the implementation of the change, providing guidance to adjudicating officers and updating information for applicants.  The new law will apply to all future applicants, and those with applications pending when the law changed need not file new petitions for residency.