Congress signs US immigration bill to end Widow's Penalty

October 22 2009 by Liam Clifford

The US immigration law regarding deportation of foreign widows is set to change.

Congress has this week signed a bill that will abolish the US immigration law so-called ‘Widow’s Penalty’, which has the power to deport foreign widows of US citizens if they die before the couple have been married for two years.

The legislation, which is part of a new Homeland Security bill for US immigration, would enable widows to submit a petition seeking residency even if the couple were married for less than two years when the spouse died. This would enable the widows to continue to live in the US.

Many of the women affected have young children and feel they couldn't leave the US to visit family abroad in fear that they will be denied re-entry to the country they now call home.

Hundreds of women have been affected by the cruel law, including women whose husbands have been killed in Iraq and those whose husbands have met an untimely death due to an accident.

The root of the law is a 1970 court ruling that stated the death of a husband stripped his wife of her US green card, and thus her right to live in the US, as she was no longer classified by US immigration as a spouse. Later, in 1990, a ruling was brought in that allowed women to stay in the US if they had been married for two years before the death.

However, this of course did not go far enough for a handful of women, who will now be hoping President Obama signs the bill as expected.

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