Hundreds Could Be Deported Under Immigration Law
Posted on Mar 9, 2009 12:00am PDT
More than 200 immigrants throughout the country could be deported under what's known as the "widow's penalty," a federal policy that orders widows and widowers out of the county if their U.S. citizen spouse dies before the immigration paperwork is approved.
Some immigration advocates say the policy is a cruel, unfair injustice to those who were following U.S. immigration laws. But immigration officials maintain they are just doing their job by enforcing the law.
Attorney Brent Renison, who is representing Gwendolyn Hanford, a Filipino widow who is currently fighting
deportation, argued in court that the immigration policy is unjust.
"Our great nation cannot be seen to invite foreign fiancées, authorize them to become married to American citizens, sanction their application for legal status, allow them to establish families and a home life together, and then throw the spouses out when the American dies during bureaucratic immigration processing," said Renison.
Hartford's husband died of a heart attack in 1998 before the government approved her green card application. In 2002 she was notified that her application had been denied, even though Hartford and her husband had a child together.
Hartford received a letter from the government stating, "Your former fiancée, later your husband, has died. Consequently, your application cannot be approved as you are no longer the spouse of a citizen of the United States."
Homeland Security Secretary Janet Napolitano has agreed to have her staff look over the issue and offer potential solutions for people like Hartford.
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