Yu, South & Associates reminds its clients of the following fast approaching deadline for certain widow(er)s of US citizens if they still wish to seek immigration status without the continued sponsorship of their deceased spouse:
The old law that required the widow(er)s be married to the deceased U.S. citizen for at least two years at the time of death to be eligible to self-petition for immediate relative status was abolished on October 28, 2009. Because the Act removed the words "for at least 2 years" from INA §201(b)(2)(A)(i), widow(er)s of U.S. citizens married any length of time can file an I-360 self-petition for immediate relative status, but must still file within two years of the death.
The new law also provided a transition period for deaths that occurred prior to October 28, 2009, in effect providing the opportunity for any widow(er) married less than two years, at any time in the past, to file an I-360 within two years of the Act's passage.
The deadline, therefore, for a widow(er) whose spouse died any time before October 28, 2009 is October 28, 2011.
This is a critical deadline because if the death occurred more than 2 years ago, such widow(er) would not be able to qualify otherwise if he or she misses the deadline. There are some exceptions to the deadline for those cases considered "pending" at the date of enactment on October 28, 2009.
If you or someone you know might have such a case or wish to know more about I-360 filing or you might have any questions regarding US immigration laws, you can email us directly here to:
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