Posted on August 31, 2009 by Robert A. Kraft

Surviving Spouses and Children of Deceased U.S. Citizens: Apply For Relief!

Surviving spouses and their qualifying children, whose U.S. citizen spouses died before the second anniversary of marriage, are eligible to request deferred action. Deferred action is filed with U.S. Citizenship and Immigration Services (USCIS) and once granted it allows surviving spouses and children to remain in the United States for a temporary authorized period of time (two years for this program) without being removed from the United States during that authorized time. Once granted deferred action, the applicant is also eligible to apply for employment authorization (filed on Form I-765) and travel authorization (filed on Form I-131).
 
Deferred action does not eliminate any period of unlawful presence that accrued before it was granted; it does not convey or imply any waivers of inadmissibility that may exist; and it does not confer or alter any immigration status. However, deferred action does allow the applicant to remain in the United States for two years under this program. During the two years that deferred action is in effect, no additional unlawful presence accrues.
 
In order to qualify for this program, the surviving spouse must:

  • have been married less than two years to the U.S. citizen at the time of the U.S. spouses’ death;
  • did not remarry; and
  • be currently residing in the United States.

 
The qualifying children of the surviving spouses that qualify under the program must be:

  • younger than 21 years old (at the time the request for deferred action was submitted or Form I-130 was filed on their behalf as an immediate relative);
  • unmarried; and
  • residing in the United States.

 
Deferred action is filed on Form I-360 at the Vermont Service Center. It is important to file Form I-360 with the appropriate filing fee of $375 and the supporting documentation.
 
If the U.S. citizen spouse died after being married for two years at the time of the U.S. citizen’s death, then the widow(er) of a U.S. citizen is not covered by the deferred action program. However, the widow(er) is eligible to self-petition as an immediate relative as long as Form I-360 is filed within two years after the date of death.
 
For more information on Deferred Action for surviving spouses and qualifying children of deceased U.S. citizens, please call us at 214-999-9999

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Posted on June 8, 2009 by Robert A. Kraft

USCIS Reminds Applicants for Adjustment of Status, Asylum, Legalization, and TPS Beneficiaries to Obtain Advance Parole Before Traveling Abroad

U.S. Citizenship and Immigration Services (USCIS) reminds individuals that they must obtain Advance Parole from USCIS before traveling abroad if they have:

    •    been granted Temporary Protected Status (TPS);

    •    a pending application for adjustment of status to lawful permanent resident;

    •    a pending application for relief under section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA 203);

    •    a pending asylum application; or

    •    a pending application for legalization.

Advance Parole is legal permission to reenter the United States after traveling abroad. Advance Parole is a rare and extraordinary measure used to allow an otherwise inadmissible individual to enter the United States due to compelling circumstances. Individuals requiring Advance Parole may not be allowed to enter the U.S. and may have their pending applications denied or administratively closed if they attempt to enter without Advance Parole. To obtain Advance Parole, individuals must file Form I-131 (Application for Travel Document), which is available on the USCIS website. Applicants should receive their travel document within 90 days of applying.

Please note that, under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, even if an alien who has been unlawfully present for certain periods of time obtains Advance Parole and then departs the U.S., he or she can be barred from admission to lawful permanent resident status. Further, those who are refugees or lawful permanent residents who were first refugees do not need to obtain Advance Parole. Such individuals should apply for a Refugee Travel Document using Form I-131 and comply with all USCIS requirements. However, asylum applicants, asylees, and lawful permanent residents who obtained that status based on their asylum status are subject to special rules regarding travel outside the United States. These individuals are strongly encouraged to review USCIS Fact Sheet regarding asylum and travel.

The USCIS also recommends that all individuals with pending applications for adjustment of status, NACARA 203, or asylum, consult an immigration attorney, an assistance organization accredited by the Board of Immigration Appeals, or call USCIS Customer Service Center at 1-800-375-5283 before making any travel plans.

For more information, please visit: http://www.uscis.gov.

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