Under current law, the death of a spouse can result in an Order of Removal if the spouse dies before the completion of the processing of Permanent Residence. If the marriage took place less than 2 years, the surviving spouse is removed.

This situation has resulted in the exclusion of spouses and their children and also parents and grandparents, which is cruel and callous. Some courts have taken a beam of light to the corrupt bureaucracy slow processing times, which have resulted in painful separations not withstanding that the marriage was celebrated in good faith.

Last week, a federal judge ordered the INS to reopen the cases of 13 immigrants who were denied their residence because their spouses died. We hope that the new administration create a remedy for these wrongs in the near future.

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