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H.R. 6034, To amend the Immigration and Nationality Act to provide for relief to surviving spouses and children
- This item is from the 110th Congress (2007-2008) and is no longer current. Comments, voting, and wiki editing have been disabled, and the cost/savings estimate has been frozen.
Comparing revision saved on July 31, 2008, 19:33:10 (webmaster), with revision saved on December 24, 2008, 19:34:50 (webmaster):
H.R. 6034 would amend the Immigration and Nationality Act to provide for relief to surviving spouses and children.
== Detailed Summary ==
<summary>
Amends the Immigration and Nationality Act to allow an alien widow of a U.S. citizen who was married for less than two years at the time of the citizen'scitizen spouse's death who proves by a preponderance of the evidence that the marriage was entered into in good faith and not for the purpose of obtaining an immigration benefit to self-petition (within the required two years) for continued immediate relative status. Applies such provision to all applications and petitions pending on or after the date of enactment of this Act.
Extends the petition filing deadline for two years after the date of the enactment of this Act for an alien spouse who failed to file withinif: (1) the required two-year period but would be considered by reasonU.S. citizen spouse died before the date of enactment of this Act to remain an immediate relative.Act; (2) the alien and the citizen spouse were married for less than two years at the time of the citizen spouse's death; and (3) the alien has not remarried.
</summary>
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== Status of the Legislation ==
<status>
Latest Major Action: 7/16/2008: House committee/subcommittee actions. Status: Ordered to be Reported (Amended) by Voice Vote.10/3/2008: Placed on the Union Calendar, Calendar No. 586.
</status>
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== Points in Favor ==
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== Points Against ==
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Visitor Comments
Brent Renison
October 13, 2008, 8:19pm (report abuse)Under current law, U.S. citizens can file for legal permanent residence for their foreign spouses. Once a petition is filed, it can often take several months, and sometimes years, for the Department of
Homeland Security (DHS) to adjudicate the case. When a couple is married less than 2 years and the U.S. citizen petitioner dies before the petition is filed and adjudicated, the spouse is no longer considered by DHS to be eligible for permanent residence and must immediately return to
his or her home country or be subject to deportation.
Widows and widowers often face difficult decisions when mourning
the death of a spouse, including deciding whether to leave behind
family they have come to love, and whether to separate their
U.S. citizen children from their deceased spouses grandparents and
other family members.
Deporting widows and orphans of American citizens, when they have entered legally and complied with the rules for legal residency, says bad things about our country.