Surviving Spouses Against Deportation

1) Deferred Action Requests must be received on or before May 27, 2011, and will be issued for two years from the date of the grant of the I-360 form; and
2) Detailed guidance has been added on how cases in the First, Sixth and Ninth Circuits will be treated.

With respect to cases in the First, Sixth and Ninth Circuits, the amended memorandum added a page and a half (all of page 3 and half of page 4) of guidance. The significant points of this amended guidance are:

1) No Deferred Action Request is necessary;
2) I-130 petitions should be approved and those already approved should not be revoked; no reinstatement request necessary;
3) USCIS is treating cases denied or revoked on or after August 30, 2001 as being covered, but not those denied or revoked prior to that date (for reasons see memorandum);
4)No formal motion or fee is required to have a case reconsidered, only a written request;
5) If the I-130 is pending with or the decision was made by a USCIS office within one of the three circuits, or if the petitioner or beneficiary resided in one of the three circuits at the time of the death, the favorable precedents there will apply;
6) I-130 approval or denial will not turn on a substitute I-864 sponsor;
7) USCIS will require a substitute I-864 sponsor (citizen or LPR who is the immigrant's spouse, parent, mother-in-law, father-in-law, sibling, child (if at least 18 years of age), son, daughter, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, or grandchild or a legal guardian) before approving the I-485 application to adjust status;
8) If a surviving spouse is unable to submit a substitute I-864 sponsor from a qualifying relative who is a citizen or LPR, the spouse may seek deferred action by filing an I-360, even if the I-130 is approved. The I-485 in such a case will be held and not adjudicated;
9) USCIS is treating the holdings of Taing, Lockhart, and Freeman in the First, Sixth and Ninth Circuits as only applying to spouses, and not minor children.

Those items in 7, 8 and 9 will certainly result in further litigation. If you are adversely affected by these items (either you do not have a substitute sponsor or are a child not covered), please contact Brent Renison at info@ssad.org

Applicants for deferred action will need to access the USCIS website to review instructions and complete the necessary forms.
Form I-360
Form I-360 Instructions (Please read the Fact Sheet as it includes details on how to complete the form, such as checking box "m. Other, explain" and writing in "Deferred Action - Surviving Spouse of a deceased U.S. citizen, married less than 2 years.")

The address for submission of deferred action filings is:

Vermont Service Center
75 Lower Welden Street
St. Albans, VT 05479-0001

There are procedures in place in the Ninth Circuit (West Coast states) for permanent resident status which may provide additional avenues for surviving spouses. These procedures may also be in place for the First and Sixth Circuits, but no guidance has been received on this to date.