Los Angeles Widow Penalty Attorney
Previously, the “widow penalty” law mandated that a foreign national married to a U.S. citizen would face deportation if their spouse passed away before their two-year anniversary. Before 2009, countless individuals, regardless of the length of their relationship, their profession, or whether they had children, were forced to leave the U.S. after the death of their spouse. This created significant challenges for families who had begun building their lives in the U.S. and suddenly found themselves at risk of deportation during a time of loss. However, with the introduction of the new law in 2009, the situation improved for many. Now, widows or widowers of U.S. citizens can apply for a green card, even if their spouse passes away before the two-year mark. This provision also extends to their children born outside the U.S., allowing them to remain together as a family. In certain cases, the law may provide relief for other surviving relatives, ensuring that family immigration continues despite the tragedy of losing a loved one. This change has offered more stability and protection for grieving families navigating the immigration system. Additional protections for families have come through the Child Status Protection Act, which helps children maintain their eligibility for immigration benefits even if they age out during the application process. Programs like Deferred Action for Childhood Arrivals (DACA) further underscore the U.S. immigration system’s evolving focus on keeping families together, offering relief to individuals who arrived as children and may otherwise be separated from their families. Together, these laws and programs highlight the growing importance of family unity in U.S. immigration policy. If you wish to learn more about the widow penalty in immigration and explore your legal options for staying in the U.S., contact a Los Angeles attorney from Hanlon Law Group, PC.
Related: Can a Green Card Holder Be Deported?
Immigration Solutions for Widows and Widowers
The attorney at our firm can guide you in determining the most suitable route for staying in the U.S. after the unfortunate demise of your spouse. We can assist you in applying for a green card for yourself and any children born outside the U.S. Our expertise lies in guiding clients through the green card application process, ensuring a comprehensive and prompt application.
Reach Out to a Los Angeles Immigration Attorney Now!
For detailed insights about the widow penalty in immigration or procuring a K-3 or green card as the spouse of a U.S. citizen, reach out to our Los Angeles immigration law firm. We offer a complimentary initial consultation to address your immigration-related queries. For immediate assistance, call us at 866-227-5527.
Frequently Asked Questions
An attorney can help with widow penalty cases in Los Angeles by guiding widows and widowers through the green card application process, ensuring they and their children can stay in the U.S. despite the spouse’s death. This includes navigating the complexities of immigration law and representing clients in legal matters related to their status. The attorney can provide a comprehensive and prompt application process, offer free consultations, and support in multiple languages.
Widows and widowers facing immigration challenges have several options, including applying for a green card based on their deceased spouse’s petition if they were married for at least two years before the spouse’s death. They must file Form I-360 within two years of the spouse’s death. If they have U.S. citizen children, they may also be eligible for benefits. Legal guidance can help navigate these options and ensure proper documentation and timely filing. Our firm in Los Angeles helps clients explore their options, including filing for permanent residency and addressing any legal hurdles.
Yes, children of a deceased U.S. citizen spouse can also obtain a green card. They may be eligible to be included in the widow or widower’s immigration petition if the deceased spouse filed a petition on their behalf. Additionally, they can independently apply for a green card through other family-based immigration categories, depending on their specific circumstances. The process can be complex, and our Los Angeles attorneys are equipped to provide guidance and representation to ensure a smooth application process.
If your spouse passed away before your green card application was approved, you should file Form I-360 within two years of your spouse’s death. Ensure you provide all necessary documentation and evidence of your marriage. Seek legal guidance to navigate the process, especially if there are complexities or unique circumstances in your case. At Hanlon Law Group, P.C., we can help you navigate the legal process and pursue a green card based on your circumstances. For better assistance, reach out to us.
Additional Information in Los Angeles
Contact the Experienced Los Angeles Immigration Lawyer at Hanlon Law Group, P.C.
The trusted Los Angeles immigration attorney at Hanlon Law Group, P.C. is waiting to speak to you, find out more about your immigration needs, and explain your options. Having handled countless professional visa applications for foreign professionals and U.S. employers, our lawyer has the experience and insight you can count on for exceptional service and representation.
Our experience, skills and dedication to our clients are backed by the following, which all of our clients can expect to receive:
You don’t have to pay us anything to discover more about how we can help you and what you need to do to resolve your employment-based immigration needs.
The attorney at Hanlon Law Group, P.C. will oversee your case from start to finish. This can provide peace of mind that your case will not be passed off to a non-lawyer associate, or to someone who is not intimately familiar with your case.
Our cutting-edge system facilitates the visa petition process, while providing clients with real-time case information about the status of their petition, PERM certifications, etc.
We take pride in providing old-fashioned, personal service and promptly responding to our clients’ inquiries and immigration needs whenever they arise.
We accept all major credit cards. Payment plans may also be available.
We provide immigration services in various languages, including (but not necessarily limited to) Spanish, Mandarin, Cantonese, Vietnamese, Korean, Japanese, Bahasa Indonesian, Tagalog, and Fukienese.
Call (866) 227-5527 or email us via the contact form to learn more about our experience and services, as well as how we can help you.
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Hanlon Law Group, P.C. is ready to help you with all your immigration & nationalization legal needs. Contact us now for the help you need & deserve.
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