Surviving Spouses Against Deportation

IMPORTANT DEADLINE: October 28, 2011 for widow(er) self-petitions if death occurred before October 28, 2009 and marriage less than 2 years!

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Scholarly Law Review Articles

 2011 Forthcoming - Lucas Quass, Proxy Marriages & the Military Widow Penalty: Excluding Alien Widows of Fallen Soldiers, 20 S. CAL. REV. L. &SOC. JUST. (forthcoming 2011). In this forthcoming article, Mr. Quass outlines the history behind proxy marriages and the consummation requirement, and why the law needs to be amended to allow an exception to the consummation requirement for military spouses where the service member is deployed abroad.

 March 2009 - Jayme A. Feldheim, Note, Ending the Widow Penalty: Why Are Surviving Alien Spouses of Deceased Citizens Being Deported?, 77 Fordham Law Review 1873, (2009). In this scholarly law review article published in Fordham University Law School's journal, author Jayme Feldheim concludes that the Ninth Circuit's interpretation of immediate relative to include a surviving alien spouse for immigration purposes is both the superior and only reasonable understanding of the relevant statute.

November 2008 - Shaina N. Elias, Note, From Bereavement to Banishment: The Deportation of Surviving Alien Spouses Under the "Widow Penalty", 77 George Washington Law Review 172 (2008). Author Shaina Elias concludes that strict interpretation of spouse-based immigration law, especially for alien widows who have lost their American spouses, is a significant concern that deserves immediate attention.