Ray

A Cuban being interviewed at the Immigration Service building in Miami died of a heart attack during AOS... and his wife may now be deported.

http://www.miami.com/mld/miamiherald/15310456.htm

cinnabar

They were all set to deport that British woman whose husband died in the WTC, despite the fact she was the mother of two children who were born here. Technically, she was still on an H4 and without a supporting H1B, her right to stay here ended with the death of her husband.

The media got on the case and the jobsworths backed down.

I feel sorry for the wife in the story you posted, Ray. She won't have the same media piranha feeding frenzy to support her.

scrubbedexpat099

Not quite the same in this case.

In the case you mentioned, she lost her status.

In this case she had no status to lose.

If Hubby had been from any other country in the world, including amusingly the USA, she would not have been able to adjust.

So why may you ask is the wife of a Cuban treated more advantageously than the wife of a USC?

Folinskyinla

Hi:

If in removal proceedings, she will have an argument

http://www.ca9.uscourts.gov/ca9/newopinions.nsf/86BA900B5A8EAEA98825715600828CC8/$file/0435797.pdf?openelement

IMHO, it will have to go all the way up the pipeline and the 11th Circuit is more "conservative" than the 9th Circuit. [Note, I'm using the term "conservative" in the sense of judicial doctrine. The ingrained "judicial conservatism" of the 11th outraged many so called "conservatives" in Bush v. Gore and the Teri Shciavo case].

meauxna

Dang, what a small world; I just passed that story on to someone else 10 minutes ago.
Made the front page here and all.