Lose your husband, lose your Visa....

jnbmoore · #1 10-10-2001, 01:43 PM

http://www.foxnews.com/story/0,2933,36144,00.html

Her kids are US Citizens but she was here on her husband's visa.

Should we get congress to pass special laws to help her or just say "them there are the breaks, bye?!?"

Bridgette

erik_kosberg · #2 10-10-2001, 01:52 PM

Let’s hope that Torricelli’s amendment passes. Or an even stronger one, giving the INS “discretion” means that widowed people might be subject to all kinds of whims.

wivabef · #3 10-10-2001, 01:58 PM

I am sure that there are already laws in place to help her. She is in "legal limbo" -- she is not getting deported, she just has to let people know where she is and isn't.

I am confident that it will all work out. I think it would be honorable for congress to make people in her situation "citizens" -- as one who is going through the naturalization process, this is one thing I would hate for this widow to have to go through.

HOWEVER -- we must understand that right now, INS, an agency for which I usually have no sympathy, is going through hell right now, too. The facts are, the terms of her visa are explicit and we must abide by them now more than ever. She must go through the background checks et al that are required -- I am hoping, however, that part of the proposed legislation is special one on one assistance and counsel for such widows and widowers.

The headline is really misleading on this story and the original hyperbole is sanded down to a smooth veneer by the time you get to the end. People who write headlines and leads should really be more responsible.

**amykhar** · #4 10-10-2001, 02:01 PM

actually, she can apply for a new visa sponsored by her children, who are citizens. At least I know she could if they were adults. I am not sure about the case of minor children.

Amy

wivabef · #5 10-10-2001, 02:02 PM

On another note, you all may remember the thread about alien rights vs. citizen rights. This article illustrates the differences 100%. Having a green card doesn't change that 60% tax penalty, by the way.

KateTPZ · #6 10-10-2001, 03:47 PM

How sad. INS can keep track of people widowed by the 9/11 attack, and move quickly to ensure they are aware of their "illegal" status, but they weren't able to keep track of the illegal aliens who carried out the attack and their supporters. The cynic in me can't help but wonder if the 60% penalty on the life insurance has anything to do with it.

**mjfrombuffalo**[$] · #7 10-10-2001, 04:15 PM

The law may have changed, but when I was a homeless services caseworker, one of my clients was illegal but her child was a citizen and was a minor with no other parent available, so she was allowed to stay. She still needed a sponsor to become a citizen, though.

mj

queenofallevil · #8 10-10-2001, 06:25 PM

She'll be fine...however it will cost her a pretty penny in filing fees.

She will have to (if she hasn't already)

1. File a widower's report
2. File a petition for permanant residency (her children as sponsers)
3. File an application for social security
4. File a work permit authorization
5. Pay for an INS medical exam
6. Pay for INS pictures (of both herself and her sponsors)
7. Pay for fingerprinting (must be done by a fingerprint expert or police officer who is certified)

....all in all, about a a few grand if she does it herself, add a few more grand if she has an attorney file the paperwork.

I learned early on ANYONE can stay in the USA, as long as they are willing to pay through the nose for it. The item in #2 was almost 700 bucks last time I had to do it. (Just for the filing fee)

Val (Who just made it painfully obvious she handled her husband's US immigration by herself.)

mtbat · #9 10-11-2001, 12:54 AM

nothing ever really changes does it? when the Titanic sank, there were many women and children who were shipped back to England because the US declared that without the men(support/money)they couldn't live here.

kurt_messick · #10 10-11-2001, 11:30 AM

Unfortunately, she can't rely on her children's status because they cannot support her. There is some fudge-factor there, but it isn't an absolute guarantee by any means.

I think it is amazing that the Congress becomes seemingly powerless in the face of the INS or the IRS. Who is running the country?

Oh well, I guess that's a different strand...

kurt_messick · #11 10-11-2001, 11:31 AM

OH! And I just thought -- let's enroll her in school (undergrad or graduate school). With any luck, she can pick a discipline where it will take 10 years or more to get her dissertation done, and perhaps she'll be able to be supported and sponsored by her children then...