| If you live in the Ninth Circuit (Alaska, Arizona, California, Idaho, Guam, Hawaii, Northern Marianas, Nevada, Montana, Oregon, Washington), your case may be covered by a ruling by the Ninth Circuit Court of Appeals. The ruling was favorable to surviving spouses, but the Administration has made it difficult for spouses to qualify for benefits under the ruling. There is a Class Action that challenges the Administration's treatment of widows in the Ninth Circuit.
November 8, 2007 - USCIS Headquarters issues a Mike Aytes Memorandum on the effect of Freeman v. Gonzales. The Memorandum clarifies that USCIS will follow the Freeman case only within the jurisdiction of the Ninth Circuit, and will not follow Freeman anywhere else. The USCIS memorandum imposes several restrictions on visa petitions in the Ninth Circuit not found in the Freeman decision such as a humanitarian reinstatement request and a substitute affidavit of support. Further, the Memorandum leaves those not in the Ninth Circuit out in the cold should a death occur prior to lengthy USCIS adjudication. These unlawful requirements are currently being challenged in the class action litigation.
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