PLEASE READ: update on the "Widow Penalty"

[snake in the grass]

Would 5 minutes of your time be worth it to change some people's lives in a positive way?

Today the Los Angeles Superior Court begins the hearing on the Hootkins v. Chertoff class action suit. This issue affects a close friend of mine who lost her husband a year and a half ago and is fighting for her right to stay here.

Basically, the widow penalty is a term used to describe the previous administration's policy of deporting foreign nationals whose U.S. spouses died before the final interview with immigration.

For more information, please see my original post:

http://journals.democraticunderground.com/snake%20in%20the%20grass/3

For those of you who solely prefer an audio/visual aid, please see the 60 Minutes report and hear my friend, Monika, in her own words:

http://www.youtube.com/watch?v=0bJJUJWkRlg

Once again I am requesting that my fellow DUers visit the website http://www.ssad.org and sign the petition offered there.

Furthermore, bills have been introduced to the House and Senate (H.R. 1870 and S. 815). Please write or call your representatives to support this legislation.

Spread the word.

My sincerest gratitude to all who support this,

Snake

[frebrd]

1. K&R n/t

[Autumn Colors]

2. Signed, K&R (nt)

[Lance_Boyle]

3. I wouldn't have thought that "next of kin" status

depended upon citizenship. If this couple was legally married, why is the wife not legally the (deceased) husband's next of kin, regardless of citizenship? Seems odd to me. Are they, in fact, legally married?

[snake in the grass]

7. It's not dependent upon citizenship...

...but rather legal resident status. Because her husband died 2 weeks before the final interview, she was not given a green card. She therefore still counted as a visitor, technically speaking. That's another reason why this case is so important. When she obtains legal resident status she can take control of her life. At the moment, she is at the mercy of her in-laws, who are a greedy, selfish bunch of Rick Warren christianists.

Thank you for your support.

Snake

[Lance_Boyle]

8. I'm not sure I understand the inner workings, but glad to support her cause.

Does the law say that people without legal resident status in the US cannot be considered "next of kin" to a US citizen (or legal alien)? This just strikes me as odd. Wouldn't this mean that illegal-alien parents of so-called "anchor babies" are not legally "next of kin" to their own (citizen-by-birth) children?

Seems to me that the legal status of the woman in your OP with regard to the estate should be "wife" and "next of kin" regardless of her immigration status.

[snake in the grass]

9. Sorry, I wasn't so clear in my post.

She is recognized as his wife and next of kin. That isn't dependent upon resident status. However, she is not allowed to be the administrator of the estate unless she has a green card or is a U.S. citizen. As it stands, her sister-in-law is controlling everything and, to put it mildly, she is not a very pleasant person.

[chknltl]

4. Done, KnR

Letters sent to Rep. Norm Dicks and Sens. Patti Murray and Maria Cantwell.

[ceile]

5. Done K&R

[backtoblue]

6. k &r