Saving a Dying Petitioner's Last Wish, Part II
In our previous newsletter, we announced that Congress recently approved, and President Obama signed into law, legislation which would allow a beneficiary to pursue his petition for permanent residence, even if the petitioner dies during its pendency. We promised to provide you more specific update in the upcoming issue.
Under the previous rule, a widow(er) had to have been married to his or her late U.S. Citizen spouse for two years in order to self-petition. The new law removes this requirement. Also, the same law applies to widow(er)s residing abroad.
Notably, all the other traditional requirements for a widow(er) remain in force. For example, the applicant must prove that the marriage to the deceases U.S. citizen was bona fide and not simply for immigration benefits, that he or she has not remarried and he or she is otherwise admissible to the U.S.
The expansion of widow(er) benefits is an equitable immigration remedy for those who had good intentions but were unfortunate to lose their loved ones.