Obama Signs DHS Spending Bill – Bill Protects Surviving Spouses in Immigration Cases

On October 28, 2009, President Obama signed into law the Fiscal Year 2010 Department of Homeland Security (DHS) Appropriations Bill (P.L. 111-83).  The law extends the non-minister religious worker, the Conrad 30 , the EB-5 investor visa, and the E-verify programs through September 30, 2012. 

In addition, the DHS Bill also includes authority for the USCIS to complete processing of permanent residence applications for surviving spouses and other relatives of immigration sponsors who die during the immigration process.  Given that some family or employment-based cases take many years to adjudicate, this protection will allow surviving spouses to obtain permanent residency despite the death of the petitioner or primary beneficiary.  In the past, the immigration case would be revoked when the primary beneficiary or petitioner died.  This resulted in the denial of the surviving spouse’s case as well.  We therefore applaud the protection this new law provides to surviving spouses in immigration cases where the primary spouse dies while the case is pending.

To read the entire DHS Bill, please click here.  We will provide additional updates on www.bashyamspiro.com as it becomes available.