September 25, 2009 - Victory in Florida! The Court finds in Mrs. MacLean's favor, stating, "Before this Court is an issue of law regarding Plaintiff Juana MacLean's residency status in the United States. Coined by Plaintiff as the 'widow penalty,' this issue arises when a United States citizen petitions the government to adjust the status of the alien spouse, but dies before the government actually adjudicates the request. The Government takes the position that a petition dies with the death of the petitioning United States citizen. The surviving spouses claim the Government's position is contrary to the law. The Court agrees."
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MacLean Order Granting MSJ |
April 20, 2009 - Mrs. Juana MacLean, a Belgian citizen, filed a lawsuit in Florida challenging the widow penalty. She is represented by Jeffrey Devore. The case is MacLean v. Napolitano, 09-CV-14118-DLG (S.D. Fla. Apr. 20, 2009). Her case is the first to be filed in Florida, although many cases in Florida exist, including the case of Raquel Williams, who was profiled on CBS News 60 Minutes.
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MacLean v. Napolitano Complaint |
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