Widow Petitions Part 2 by Thomas Esparza, Jr. Austin, Texas Immigration Specialist-The I-130

Thomas Esparza Jr.

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Pending Form I-130, Petition for Alien Relative

As of October 28, 2009, any pending Form I-130 that was filed on a widow(er)’s behalf prior to the citizen spouse’s death will automatically convert to a widow(er)’s Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, so long as, on the date of the citizen spouse’s death, they qualified as an immediate relative under the INA and the FY2010 DHS Appropriations Act. Additionally, any Form I-130 that has been the subject of litigation in any Federal court on the issue of the effect of the petitioner’s death is reopened for a new decision as of December 2, 2009, the date of issuance of the USCIS implementing directive. USCIS will identify those cases that are the subject of litigation that was pending on October 28, 2009. Once a case is identified, USCIS will notify the widow(er) in writing that their Form I-130 has been reopened and adjudicated as a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. Eligibility for classification as an immediate relative ceases if the widow(er) remarries.

Additional Resources

Thomas Esparza, Jr. Attorney A Professional Corporation Specialist in Immigration and Nationality Law Thomas Esparza, Board Certified Specialist in Immigration and Nationality law with thirty five years experience in the field. He is the past chairman of the Texas chapter of the American Immigration Lawyers Association and the current chairman of the Austin Commission on Immigrant Affairs. Jacqueline L. Waston is a Board Certified Specialist In Immigration and Nationality law with 12 years experience. She is a frequent lecturer for the University of Texas, the State Bar of Texas and is an active member of the community. Ms. Watson and Mr. Esparza and their team of five paralegals work together to solve your immigration or citizenship question. From the most simple case to complex immigration matters or Federal Court litigation, they can help. La Madrid Building. 1811 S. 1st Street, Austin, TX 78704 512-441-0062 visit me at: www.tomesparza.com write to us at: tom@tomesparza.com Jackie@tomesparza.com Starlight Press www.starlightpress.com Bilingual Educational Publishing WARNING: This site is comprised of general information that should not be misconstrued as formal legal advice. The author neither recommends, nor takes responsibility for, misuse of the provided information. Rather, it is strongly encouraged that you seek appropriate legal counsel before proceeding forward with your immigration matters. formal legal advice. The author neither recommends, nor takes responsibility for, misuse of the provided information. Rather, it is strongly encouraged that you seek appropriate legal counsel before proceeding forward with your immigration matters

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