Immigration Bond

U.S. Department of Homeland Security (DHS) Secretary Janet Napolitano today granted deferred action for two years to widows and widowers of U.S. citizens—as well as their unmarried children under 18 years old—who reside in the United States and who were married for less than two years prior to their spouse’s death.

“Smart immigration policy balances strong enforcement practices with common-sense, practical solutions to complicated issues,” said Secretary Napolitano. “Granting deferred action to the widows and widowers of U.S. citizens who otherwise would have been denied the right to remain in the United States allows these individuals and their children an opportunity to stay in the country that has become their home while their legal status is resolved.”

Secretary Napolitano also directed U.S. Citizenship and Immigration Services (USCIS) to suspend adjudication of visa petitions and adjustment applications filed for widow(er)s where the sole reason for reassessment of immigration status was the death of a U.S. citizen spouse prior to the second anniversary of the marriage.

Additionally, U.S. Immigration and Customs Enforcement (ICE) will defer initiating or continuing removal proceedings, or executing final orders of removal against qualified widow(er)s and their eligible children.

USCIS will also consider favorably requests for humanitarian reinstatement where previously approved petitions for widow(er)s had been revoked because of the law. DHS will soon issue guidance instructing the public on how to apply for this relief.

These directives apply regardless of whether the citizen filed a petition for the alien spouse before death. Deferred action is generally an act of prosecutorial discretion to suspend removal proceedings against a particular individual or group of individuals for a specific timeframe; it cannot resolve an individual’s underlying immigration status. Individuals granted deferred action may apply for work authorization if they can demonstrate economic necessity.

While Secretary Napolitano’s directive provides a short-term arrangement for widow(er)s of deceased U.S. citizens, legislation is required to amend the definition of “immediate relatives” in the Immigration and Nationality Act to permit surviving spouses to remain indefinitely after the U.S. citizen spouse dies, enabling them to seek permanent resident status.

[Federal Register: August 25, 2009 (Volume 74, Number 163)]
[Notices]
[Page 42909-42910]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25au09-91]

—————————————

DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

[CBP Dec. 09-34]

Notice of Postponement of H-2A and H-2B Temporary Worker Visa Exit Program Pilot

AGENCY: U.S. Customs and Border Protection, Department of Homeland Security.

ACTION: General notice; postponement of commencement date.

—————————————

SUMMARY: U.S. Customs and Border Protection (CBP) announces the postponement of the commencement date of the H-2A and H-2B Temporary Worker Visa Exit Program Pilot, originally set for August 1, 2009. The pilot program will require temporary workers within H-2A and H-2B nonimmigrant classifications that enter the United
States at either the port of San Luis, Arizona or the port of Douglas, Arizona,
to depart from one of those ports and to submit certain biographical and biometric
information at one of the kiosks established for this

[[Page 42910]]

purpose. A delay of the commencement date is necessary to ensure that the kiosks
are fully operational.

DATES: The pilot program will commence December 8, 2009.

FOR FURTHER INFORMATION CONTACT: Ms. Erin M. Martin via e-mail at ERIN.Martin@dhs.gov.

SUPPLEMENTARY INFORMATION: On December 18, 2008, U.S. Customs and Border Protection
(CBP) published a Notice in the Federal Register (73 FR 77049), announcing that
CBP is establishing a new land-border exit system for H-2A temporary workers,
starting on a pilot basis, at certain designated ports of entry.\1\ This notice
was published concurrently and is in accordance with a Final Rule published
by the Department of Homeland Security (DHS) in the Federal Register (73 FR
76891). The Final Rule implements the pilot program by adding 8 CFR 215.9, which
provides that an alien admitted on an H-2A visa at a port of entry participating
in the Temporary Worker Visa Exit Program must also depart at the end of his
or her authorized period of stay through a port of entry participating in the
program and present designated biographic and/or biometric information upon
departure. As required by 8 CFR 215.9, CBP published a Notice in the Federal
Register (73 FR 77049) designating H-2A workers that enter the United States
at either the port of San Luis, Arizona or the port of Douglas, Arizona, as
participants in the Temporary Worker Visa Exit Program, who must depart from
one of those ports and submit certain biographical and biometric information
at one of the kiosks established for this purpose.

—————————————

\1\ The H-2A nonimmigrant classification applies to aliens seeking to perform
agricultural labor or services of a temporary or seasonal nature in the United
States. Immigration and Nationality Act (Act or INA) sec. 101(a)(15)(H)(ii)(a),
8 U.S.C. 1101(a)(15)(H)(ii)(a); see 8 CFR 214.1(a)(2) (designation for H-2A
classification).

—————————————

On December 19, 2008, CBP published a Notice of Expansion of Temporary Worker
Visa Exit Program Pilot To Include H-2B Temporary Workers in the Federal Register
(73 FR 77817), in line with the Final Rule published concurrently by DHS in
the Federal Register (73 FR 78104).\2\ The Final Rule expands the pilot program
by amending 8 CFR 215.9, to provide that aliens admitted on an H-2B visa at
a port of entry participating in the Temporary Worker Visa Exit Program must
also depart at the end of his or her authorized period of stay through a port
of entry participating in the program and present designated biographic and/or
biometric information upon departure. As required by 8 CFR 215.9, as amended,
CBP published a Notice in the Federal Register (73 FR 77817) to include H-2B
workers in the Temporary Worker Visa Exit Program at the ports of San Luis,
Arizona and Douglas, Arizona.

—————————————

\2\ The H-2B nonimmigrant classification applies to foreign workers coming
to the U.S. temporarily to perform temporary, non- agricultural labor or services.
Immigration and Nationality Act (Act or INA) sec. 101(a)(15)(H)(ii)(b), 8 U.S.C.
1101(a)(15)(H)(ii)(b); see 8 CFR 214.1(a)(2) (designation for H-2B classification).

—————————————

Pursuant to the Notices in the Federal Register (73 FR 77049 and 73 FR 77817)
published by CBP containing all the required elements referenced in 8 CFR 215.9,
as amended, any alien that is admitted on an H-2A or H-2B visa into the United
States at a designated port on or after August 1, 2009, is subject to the pilot
program. However, in order to ensure that the facilities necessary to implement
the pilot program are fully operational and meet the needs of the agency and
the public, this notice postpones the start date of the pilot program. Accordingly,
this notice postpones the start of the pilot program from August 1, 2009 to
December 8, 2009.

Dated: August 20, 2009.
Jayson P. Ahern,
Acting Commissioner, U.S. Customs and Border Protection.
[FR Doc. E9-20424 Filed 8-24-09; 8:45 am]

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