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MacLean v. Napolitano

Case Conclusion Date: 09.25.2009

Practice Area: Immigration

Outcome: Court Grants Writ of Mandamus Against USCIS

Description: Victory in Florida! The Court finds in Mrs. MacLean's favor, stating, "Before this Court is an issue of law regarding Plaintiff Juana MacLean's residency status in the United States. Coined by Plaintiff as the 'widow penalty,' this issue arises when a United States citizen petitions the government to adjust the status of the alien spouse, but dies before the government actually adjudicates the request. The Government takes the position that a petition dies with the death of the petitioning United States citizen. The surviving spouses claim the Government's position is contrary to the law. The Court agrees."

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