Widows can stay in US (well, maybe)

[michaelb]

1) DHS (the initials La Migra is using this month) is temporarily suspending its policy of automatically denying AOS cases where the US citizen spouse dies before the couple was married for at least two years.

2) Legislation is pending that would prevent them from denying AOS petitions simply because the USC spouse has died (but may still deny them for valid reasons such as doesn't appear to be a genuine marriage, etc.)
 (S 815, Sen. Bill Nelson, D-Fla.) (HR 1870, Rep. Jim McGovern, D-Mass.)

3) Federal Court, 9th Circuit Court of Appeals, recently ruled that DHS can not deny AOS petitions because the USC spouse has died.  Currently the ruling only applies to residents of that court's jurisdiction. 

Here's a couple or three supporting links about this

http://www.ssad.org/images/Nelson_Remarks.pdf

http://news.yahoo.com/s/ap/20090609/ap_on_go_ca_st_pe/us_immigration_widows__penalty_4

http://www.wtop.com/?nid=104&sid=1656457

http://ssad.org/images/Hootkins_Order_Final_SJ.pdf