Loss of a loved one can be a traumatic experience under any circumstance. But for an immigrant who is being sponsored for permanent residency by a U.S. citizen spouse, the loss of a loved one is compounded by the prospect of the surviving spouse being subject to a so-called 'widow penalty', followed by deportation. Osserritta Robinson, an immigrant from Jamaica, recently triumphed over the widow penalty and was granted residency status after a six year struggle.
Ms. Robinson's residency was made possible due to legislation President Obama signed just over two months ago. Public Law 111-83 allows widows of U.S. citizens to file petitions for resident status irrespective of the duration of the marriage, provided the marriage is bona fide. The legislation was intended to protect individuals such as Ms. Robinson.
In 2003, Osserritta Robinson's husband died in the Staten Island Ferry crash; they had been married for eight months. In 2005, Ms. Robinson was interviewed for her permanent residency application. She learned that her application became ineligible upon the death of her husband, pursuant to the 'widow penalty', whereby the government voids applications if the U.S. citizen spouse dies and the marriage is less than two years old. Several days ago, Ms. Robinson was granted permanent residency.
All's well that ends well. As Judge Nygaard of Third Circuit wrote in his dissenting opinion earlier in the year, "Osserritta Robinson ... has committed no crime. She is innocent of any misbehavior. She is a grieving widow and the lone parent of the Robinsons' U.S. citizen child ... My view, wholly in the margin, is that it is untoward of this nation of immigrants, we who have passed through the portals of citizenship, to coldly and impassively slam the door behind us on innocent aspirants who dream to follow."
Follow Arlene M. Roberts on Twitter: www.twitter.com/arlenemroberts
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