8 years Ago, MarcWites
October 28, 2011,Deadline Approaches for Widow(er) of Deceased U.S. Citizens Whose Spouses Died before October 28, 2009 to Apply For Immigration
On October 28, 2009, President Obama signed into law new provisions which allow widows or widowers of U.S. Citizens to apply for immigration even if they were married for less than two years. However, the deadline for these petitions if the spouse died before October 28, 2009 expires on October 28, 2011. Prior to October 28, 2009, the widow(er) had to have been married to their U.S. citizen spouse for at least two (2) years.
Changes in the Law Broadened the Number of Eligible Widows and Widowers
Petitions normally must be filed within two (2) years after the citizen-spouse’s death. However, when President Obama broadened the persons eligible to include those who were married for less than two years, the law also afforded two years from the date of enactment for persons who then qualified under the new provisions. In other words, if an applicant’s spouse died more than two years ago the application deadline is October 28, 2011.
Requirements for Widow(er) Special Immigrant Classification
Applicants whose spouses died before October 28, 2009, and who were married for less than two years, must file Form I-360 in which they attest that (a) they were married to a U.S. Citizen for less than two years, (b) who died before October 28, 2009, (c) the parties were not legally separated or divorced, and (d) the applicant has not remarried in the meantime. Applicants also will need to supply a copy of the marriage certificate, proof of their spouse’s U.S. citizenship, and a copy of their spouses’ death certificate. The application also requires a fee in the amount of $405.
A Widow(er) Whose Spouse Dies After October 28, 2009 Must File Within Two Years After Their Spouse’s Death.
With regard to any person whose spouse died after October 28, 2009 – whether they were married for more or less than two years – such widow(er) must still apply within two years of their spouse’s death. In other words, the special cut-off date applies only to cases where the U.S. citizen’s spouse passed away before October 28, 2009.
Failure to file the proper form(s), include the necessary information and documentation, or pay the required fee(s) will result in rejection of you application. As a result, and because the instructions can be confusing, it can be helpful to retain legal counsel experienced in handling immigration applications.
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Marc: Congratulations on the School Board settlement! Glad you were about to get a good result for your clients. Having been your adversary early on in the case, I can say it was a long battle and the great result was due to your persistence and creative approach to the litigation. Well done!Josh Eggnatz
Attorneys often convey a sterile attitude toward clients that is often void of sincerity and compassion, and may even be condescending. Marc Wites has not lost his humanity!! Mr. Wites is an attorney that continues to stay abreast of the law, which results in excellent results for his clients. Marc Wites is my “go to” attorney when I am looking for A-rated service and quality representation. I consider Marc as not only my attorney but a friend as well.David
An impressive chamber of knowledgeable attorneys/staff that stand ready to work tirelessly on behalf of their clients. Marc Wites is the quintessential Perry Mason advocate–erudite, prepared, and brilliant. He is ready to take on any legal challenge. Above all, he is understanding of the working class. Surely, he’s not just in it for the money; he genuinely wants to help people. Overall outstanding law firm.Raymond Brown
Mr. Wites accepted my case when other lawyers would not. He never promised what he couldn’t deliver. He was realistic, upfront and honest. He actually returns phone calls. And he is willing to explain the legal process and to take time to answer questions. I would definitely contact Mr. Wites if I ever needed a lawyer again.Karla