US immigration to review widow penalty for marriage visas
April 22 2009 by Bryan Palmer
The cases of 22 US visa applicants whose US marriage visas were rejected because their spouses died before the application was complete, are to be reopened on the orders of a federal judge.
US District Judge Christina Snyder has asked the US Department of Homeland Security (DHS) to review the cases as she ruled that the widow penalty need not lead to a rejection of a visa for people who want to move to the US with their American spouse, who dies before the application process is complete.
She added that applicants do not lose their status as spouses of US citizens just because their spouse dies before a final decision has been made on their US visa application.
Some 200 people have been affected by the US Citizenship and Immigration Services’ widow penalty, which rejects marriage visa applications from applicants whose American spouses die within two years of being married. All of these people could benefit if the decision is made final by the DHS.
A spokeswoman for the DHS said the widow penalty had become a priority for the department since Janet Napolitano took over as Homeland Security Secretary earlier in 2009.
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