Reprinted from wrdw.com:
Reporter: Melissa Tune
AUGUSTA,Ga. — A new immigration law is now in effect and this means new changes for Americans who marry foreign nationals.
What’s known as the widow penalty has ended now that President Barack Obama put the pen to the paper. This is especially meaningful to our military community, but it can affect anyone.
If you married someone from outside the United States and you died within two years of the marriage, they were deported. Now under the new law, they can stay.
“Tomorrow is tomorrow. We don’t know what’s going to happen tomorrow,” says Rev. Masaki Chiba.
Rev.Chiba is Japanese born and can’t imagine a “tomorrow” without his wife and children. He married his wife Charisse, an American after the met in college. He became a U.S.citizen almost 20 years ago.
“What I did was, when we went back to Japan, I applied for a green card in Japan,” he adds. “That was five years after we got married.”
Marrying a foreign national can be as beautiful as it has been for the Chibas, or it can be a nightmare experience.
Up until October 29, 2009 – what’s known as the “widow’s penalty” was in effect, meaning if an immigrant married an American and the American spouse died within two years of the marriage – it was automatic deportation. Hundreds of people were forced to leave the states.
“Unfortunately the law in this area is very unforgiving, there’s no exception, you basically will be deported,” says Paul Balducci, an immigration attorney.
Up until now that was the case. Balducci, who has had clients affected by the previous law, says this new law – is good news for them.
“Anytime the government’s willing to step back and say you we’re not just going to have a blanket policy that doesn’t take into account the particular facts of each case — I mean that a big victory,”adds Balducci.”It’s a big win, it’s a big success.”
The new law removes the two-year marriage requirement, permitting widows and widowers of U.S. citizens to apply for a green card for themselves and on behalf of their foreign-born children. It is also retroactive, therefor anyone qualifying for relief can file a petition for permanent residency up to two years from October 29, 2009.