June 23 was International Widows Day, and a dozen or so immigrant widows came to the Capitol to draw attention to their very peculiar situation.
Take the case of Natalia Goukassian. She’s a twenty-three year old widow from Russia. Her husband, a U-S citizen, developed a rare cancer while serving in the U-S military and died. Goukassian got survivors benefits from the military. But then her visa application was thrown out. She says, “The military determined me eligible for benefits but immigration didn’t.”
She had been sure that her application would be accepted - especially given her husband’s military service. Everyone had told her that immigration officials would respect his patriotism and that surely she would be given immigration status. But she was told she had no option but to withdraw her petition.
An obscure law rejects visa applicants if they have been married to their U.S. citizen spouses for under two years when their spouse dies. DHS Secretary Janet Napolitano issued a two-year suspension of the law two weeks ago.
But the widows are still undocumented, in a legal limbo where they aren’t being deported but they still can’t work, go to school, or, often, drive because they don’t have papers. And, as their lawyer, Brent Renison, said, the suspension just means that deportations will start again in two years.
Lawmakers and spouses calling the law a “widow penalty” drew attention to the issue on International Widows Day. Massachusetts Representative Jim McGovern and Florida Senator Bill Nelson have introduced legislation to change the law permanently.
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