Monday, August 31, 2009

New Guidance for Surviving Spouses of U.S. Citizens Who are Eligible for Deferred Action and Work Authorization

USCIS today issued guidance for surviving spouses of U.S. Citizens who just recently were granted immigration benefits. Surviving Spouses of U.S. Citizens who died before the second anniversary of their marriage are now eligible for a temporary program which will allow them to remain and work legally in the United States. This new program extends these benefits to spouses who were married to, but not legally separated from their spouse at the time of their death; did not remarry; and are currently residing in the United States.

The program allows for the surviving spouses to include their qualifying children in their deferred action request. To be considered a “qualifying child” of a surviving spouse, the child must be younger than age 21, or otherwise qualify as a child when the deferred action request is submitted; currently reside in the United States; and be unmarried.

Eligible Applicants will need to submit the Form I-360 with the requisite $375 filing fee as well as the Form I-765 with its $340 filing fee. For help in determining if you qualify for this benefit, go to to contact your local immigration lawyer.

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