Immigrant widows can sue DHS for green cards

Immigrant widows who were denied legal residency because their U.S. spouses died before they got their green card scored a small victory against the Department of the Homeland Security.

On Monday, a federal court allowed their lawsuit against Homeland Security and the U.S. Citizenship and Immigration Services to move forward.

The case of Hootkins v. Chertoff challenges the agency’s practice of automatically denying spousal status to the husbands and wives of U.S. citizens when the spouse dies during the processing of a green card application.

The practice–called the “widow’s penalty”–c alls for the green card to be automatically rejected once the American spouse dies, according to U.S. immigration Law.

The widows’ attorney Brent Renison says a few of the plaintiffs are from Orange County but wouldn’t say whom because he said they’re fearful of getting deported.

There are more than 150 of these cases nationwide and some of these widows are already facing deportation hearings.

The U.S. District Court for the Central District of California allowed the class action suit to include all illegal immigrant husbands and wives whose U.S. citizen spouses died before the couples’ two-year anniversary after meeting a couple of requirements.

The court ordered that the plaintiffs named in the lawsuit be able to represent anyone who has a similar case in the Ninth Circuit. The court, however, has not yet ruled on the legality of the Citizenship and Immigration Services procedures.

Also, the court only approved those cases that were filed within the Ninth Circuit. This includes: Alaska, Arizona, California, Guam, Hawaii, Idaho, Montana, Nevada, Northern Marianas Islands, Oregon, and Washington.

It seems as though everyone else is pretty much out of luck.

Citizenship and Immigration Services has 10 days from the order to appeal the court’s decision. It’s unclear whether they will.

For more information about the widows’ go to: www.ssad.org

http://immigration.freedomblogging.com/2008/07/01/immig...dhs-for-green-cards/

One has to wonder why those particular spouses were denied residency in the first place.

My former spouse had to go through quite a background check before she got her green card.

If its a bureaucratic mess up, then by all means, they need to sue, if its a security issue, I hope the judge has the sense, they'll toss it out. Though I doubt it with the 9th Circus Court of Appeals.

interesting to see where this leads. i think i'll keep an eye on this case. thanks for the post hawker!!

I have to wonder, what will these spouses do if granted a green card? Are they employed? Did they rec'v life insurance so they can self-supporting? Are they going to need financial aid?

Points to ponder

The Family related Green Card depends onthe fact if the soldier was eligible for Permanent residence in USA.

If the soldier were still aliwe and receiwed his Green Card then also his dependents will be granted such cards or as the lawyeers say...permanent residence for the USA.

In this case the soldier is dead but in my opinion if he ALREADY HAD A GREEN CARD and APPLIED FOR HIS DEPENDENTS TO RECEIWE SUCH CARDS BEFORE his death,their right of permanent residence was legitimate as this right existed already BEFORE HIS DEATH.

As i said in my priwious posts Laws DO NOT APPLY RETROSPECTIWELY...therefore DHS can not nullify the right of the soldier's dependants to receiwe Green Cards.

Different will be the case if the dead soldier did not own a GREEN CARD because then the dependents could not support their claim fot Green Card on family relationship.