Immigrant Widows Left In Limbo

Once On A Path To Permanent Residency, Some Widows Of Americans Face Deportation

(CBS)  This story was first published on Nov. 23, 2008. It was updated on June 10, 2009.

Everybody loves a love story - everybody it seems, except the U.S. Bureau of Citizenship and Immigration Services (USCIS). In our post-9/11 world, immigration has become increasingly tough on, of all groups, widows.

A foreigner who marries a U.S. citizen is entitled to become a U.S. resident.

But Immigration has been trying to deport several hundred widows and a few widowers - foreigners who had been married to American citizens when the Americans died.

As 60 Minutes correspondent Bob Simon reported last fall, Immigration has claimed that if the widow did not complete the process to become a U.S. resident while her husband was alive, she cannot remain in the country.

The Obama administration inherited this policy and just last week came up with a possible solution.

---

Raquel Williams, a young nursing student from Brazil, was visiting Florida when, one night, she and three girl friends drove into a gas station. They caught the eye of a car full of guys who were also getting gas.

"I guess they noticed that we were, you know, not from here," Raquel remembers, recalling when she first met her future husband. "Well, they're like, 'Oh, Where you guys from?' You know? 'Oh, my name's is Derek. Nice to meeting you.'"

That chance meeting with Derek Williams led to love, marriage, and eventually parenthood. Two years after they met, their son Ian was born.

But then the unthinkable happened.

"I woke up 4:30 in the morning, 5:00 and to find my husband laying on the couch. I could see that something's wrong. Get closer. And he's not breathing. And called 911 and they stay on the phone with me. And then I hear that they coming. And I said, 'Please, please. Oh, come fast. Fast.' And it was, he was, he was gone by that time," Raquel remembers.

Derek had insomnia, so he'd watch TV on their couch during the night. But he also had breathing problems and an irregular heartbeat, which proved fatal. After he died, Raquel and her son Ian moved in with Derek's parents, and three months after Derek died, Raquel finally had the immigration interview that she had been asking for for a year - the interview to prove that her marriage was legitimate.

She went to the interview with Ian, and brought all the documentation needed to prove she had been married to Derek; she also brought the death certificate.

"And I explained what happened. 'My husband pass away. What can I do from now? This is his death certificate,'" she remembers. "'Oh, your case, your case is gonna be denied.'"

"And they said, 'You're gonna have to go back to Brazil.' And I said, 'I have my son. You know? This is my son. He's American citizen.' And they said that, 'You can go. He can stay.'"

Ian was five months old at the time.

[Minuend]

Is this the same INS who, after being officially notified of the pending release from the Harris County (Texas) jail of more than 1500 illegal immigrants in the past three years, took no action?

[greatwf]

First the government ruins American women to where they are too spoiled and worthless to marry, now they are ruining the opportunity for us to get a decent woman from another country.

[ldbland]

It''s no wonder people try and sneak into the country illegally. Look at how legitmate requests are handled! Is there any common sense used in this process? Appealing these particular cases are a huge waist of taxpayers dollars!

[dwusa-2009]

I just seen the story on this Immigration thing and it disgust me to no end! Our gverment wants to send these woman away, but yet let all the ILLEGAL MEXICANS that walk our streets & take our jobs daily stay? The Ubited States is not ina stae of emergency, its in a state of DISGUST!

[beachbikers4]

Hello,
My heart breaks for Raquel Williams and her family! Is it possible that Linda and Joe Williams could file an adult adoption petition to adopt Raquel as their daughter????

[dwusa-2009]

You are correct Idbland...its all about making lawers and big business rich in this country at taxpayer exspense!

[rascalgirl59]

OK so these women were proposed to and married American men and were going thru the steps to become LEGAL CITIZENS and the Goverment kept putting off the interviews to confirm the marriages were for real. So it is the womens fault that they are left without a husband. This is crazy,we were just out in the California area on vacation and we saw so many illigal workers it made me sick. Think of all the jobs we have taken away from Americans and sent them overseas. These women want to become LEGAL and be productive. The illigal immagrants here only want to take whatever money,sell drugs,kill and steal and we let them stay here. Give me a break! Let the widows stay in the USA and let them continue the porcess to become LEGAL! At least they want to be here and be LEGAL!!

[infantry3acr]

i am sorry but the lady from kosovo should be deported, i am thankful for her husbands service, but he went back as a mercenary therefore he didnt go for his country, but rather money, because as a merc you make very good money. I also served and went to iraq twice, and am now disabled, so i am not a bleeding heart or someone who doesnt understand

[clathrate]

Typical ICE/Homeland Security bull$hit. Illegal mexicans are storming across the border, yet these immigration morons want to deport a tax paying, law abiding widow. They''ll spend untold resources harassing good citizens and ruining families'' lives and leave the illegal invasion alone. Genius.

[lesterrbotch]

Aside from the emotional part of all of this nonsense, to look at this logically...my experience has been when a government agency continues to pursue
doubtful policies and waste taxpayer''s money, it is to merely pad their budget so that when it is over they can still go to congress and say "well, we spent 3 billion last year on cases so we need another 3 billion this year...write your congress and tell them to cut Immigration''s budget and I bet INS will only pursue real issues and stop making busy work for their obviously inept staff.

[t1sailor]

Please keep in mind that neither the "government" nor the "Immigration Service" decided to deport these individuals; some low-level bureaucrat made that decision and 60 minutes is deficient for not grilling that individual or individuals and forcing them - not the service itself - to defend that decision.

[beachy49]

As another viewer just stated, there are so many illegal immigrants walking the streets right now. In the state of Alabama, there is a situation where obstetricians will no longer deliver any babies at one particular hospital due to the nonpayment from many of these illegals. Yet these children now are American citizens and they will get US government benefits and they all seem to get to stay. WHY? I do not understand how these widows can be told to just leave when they came here legitimately and are going through all the correct processes. This is not right! We need to really ask not just Michael Chertoff, but the incoming Homeland Security Director, President Bush, and President-Elect Obama "WHY?" and get the real answers.

[logical11]

This piece is unbelievable. At no time does CBS mention that it is possible for widows to get a green card so the people profiled must not qualify for it. You are only not eligible if the person died before 2 years of marriage. I hate pieces that aren''t fair and balanced. Shame on you CBS. Next time do your homework before you do a hatchet job.

[smango58]

WOW!!! Does this make the Dept. of Homeland Security look like bullies or what? So many morem important issues to deal with and our governments lawyers make their stance against women and children...

[hineparetu]

having just watched documentary on the widows they have my deepest sympathies. I too am a legal immigrant though my husband is still living. At a request from immigration i sent them paper work that they lost but insist on blaming myself and my husband. I have been here three years and worked and paid taxes during this time now i am told my application is denied because i abandoned it!! Immigratioon plays god with immigrants that are legal and there is nothing we can do about it except pay the money they demand and pray that they will change their minds in the mean time we are left without status and waiting for the knock on the door because they know exactly where to find us.

[staymad]

My granmother, 89 years old-born in Canada in 1919, has been in the USA since she was 15 yeas old. She moved to Boston in 1934- married my granfather in 1940 and has been here ever since. My granfather died in 1996. This year my granmother tried to get a passport at the passport office in Boston Ma. and she was told she couldn''t because she wasn''t a citizen. We went back to the passport office with her and they refused to help her. She cannot get a passport!! This is insane! Please help us help her! [e-mail]

[golf38jr-2009]

My heart goes out to those woman and families. My opinion on watching Mr Chertoff on 60 minutes is he''s a bumbling idiot. Its a typical of higher authority in gov (particularly state and federal) to place blame elsewhere.(pass the buck). I see it first hand everyday. I can also relate to the ineptness of our government. My Brother-in-law was deported 6 months ago after fighting for citizenship for 18yrs. (appeal, after appeal, after appeal, tons of cash to no avail, just made the lawyers rich) Left my sister and his children(3) here to fend for herself with the children. RAH RAH go DHS!!! Commit a crime as a higher authority...well, all you know what happens then . GO DHS!!!

[juli331]

Although I am only 17, I am an avid supporter of our country and what we stand for. Unfortunately, I am continuously outraged at the atrocities commited by our lawmakers. It is becoming harder and harder to stand up for our country against the negativity. Those widowers have a right to apply for their citizenship and shouldn''t be blamed for the slow government processing. Although illegal immigration needs to be controlled, we were named the melting pot for a reason, and we should live up to that name. I believe that there is a sense of pride and individuality associated with the name. If we made our country more accessable to immigrants we wouldn''t have such a problem with illegal immigration. We should be flattered that so many people flock to our nation for so many positive reasons. Other than the Native Americans, our families can all be linked back to immigrants, after all America was founded by settlers from around the world. Therefore we should be less prejudiced and more understanding and open to them.

[juli331]

Although I am only 17, I am an avid supporter of our country and what we stand for. Unfortunately, I am continuously outraged at the atrocities commited by our lawmakers. It is becoming harder and harder to stand up for our country against the negativity. Those widowers have a right to apply for their citizenship and shouldn''t be blamed for the slow government processing. Although illegal immigration needs to be controlled, we were named the melting pot for a reason, and we should live up to that name. I believe that there is a sense of pride and individuality associated with the name. If we made our country more accessable to immigrants we wouldn''t have such a problem with illegal immigration. We should be flattered that so many people flock to our nation for so many positive reasons. Other than the Native Americans, our families can all be linked back to immigrants, after all America was founded by settlers from around the world. Therefore we should be less prejudiced and more understanding and open to them.

[slufoot5]

You mention widows asked to leave but kids could stay ..Why was so called anchor babies not mentioned their mother is illegal from the start but they stay ????Do people who try to do things the right way should not be punished for it

[Little RedHawk]

The last time I checked this was America. A country in which all peoples of all countries were welcomed with open arms and a chance to have a life they might never of had in their own country. I was afraid of something like this beginning after 9/11 and the creation of the Patriot Act and Homeland Security. I wonder how many others prior to 9/11 that were married, and for what ever reason never was officially registered with INS and have sense lost there spouse are now considered to be in this country illegally under this new and illegal law. To tell someone that they are no longer welcome in this country just because their spouse is now no longer living is beyond wrong and to further that wrong by saying that their children if any can stay but they must leave is even more outrageous. What''s next from the federal government? Are they going to create laws that say that if we saw or post material against the government we will be taken to some prison some where? This is the start of a government once seen during the 30''s and 40''s in Europe and Asia that our fathers and grandfathers fought to prevent happening here in America. It makes me sad that we have become the evil that our Ancestors fought so hard in the past to prevent.

[Little RedHawk]

The last time I checked this was America. A country in which all peoples of all countries were welcomed with open arms and a chance to have a life they might never of had in their own country. I was afraid of something like this beginning after 9/11 and the creation of the Patriot Act and Homeland Security. I wonder how many others prior to 9/11 that were married, and for what ever reason never was officially registered with INS and have sense lost there spouse are now considered to be in this country illegally under this new and illegal law. To tell someone that they are no longer welcome in this country just because their spouse is now no longer living is beyond wrong and to further that wrong by saying that their children if any can stay but they must leave is even more outrageous. What''s next from the federal government? Are they going to create laws that say that if we saw or post material against the government we will be taken to some prison some where? This is the start of a government once seen during the 30''s and 40''s in Europe and Asia that our fathers and grandfathers fought to prevent happening here in America. It makes me sad that we have become the evil that our Ancestors fought so hard in the past to prevent.

[brandi4040]

I just watched your program about illegal wifes. They should be deported!!! I feel sorry for the families who have lost their sons. The NIS is doing their job. These woman were either brought or came into this country ILLEGAllY!!! LAWBREAKERS!!! Why should we have sympathy for foreigners who break the laws of our country. Cry me a river!! This is nothing new, foreign woman marrying US citizens with hopes of becoming US citizens. Let them get deported and go through the process as every one else who wants to become a US citizen LEGALLY!!!!

[alm7399]

Perhaps you need to watch this episode again. It states clearly that these women came to this country LEGALLY and were following the rules to change their status to become permanent residents from their student visas.

[rudy6543]

Posted by brandi4040 at 08:12 PM

You are so stupid. I wonder how come our country has to get stuck with the likes of you when these women are far better than you?

[rudy6543]

Posted by Gries5 at 08:10 PM

Amen!! I are right on. Not like the last windbag I just responded to.

[rudy6543]

This piece is unbelievable. At no time does CBS mention that it is possible for widows to get a green card so the people profiled must not qualify for it. You are only not eligible if the person died before 2 years of marriage. I hate pieces that aren''''t fair and balanced. Shame on you CBS. Next time do your homework before you do a hatchet job.


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Posted by logical11 at 07:54 PM :

You are one of the ignorant people who assume that it is just so easy to deal with immigration. WRONG! Get a clue.

[alm7399]

Just to clarify, you are incorrect, you ARE eligible regardless of how many years of marriage. Two years is simply the probationary period and make concessions (or are supposed to) for widows, abused and divorced applicants.

[rudy6543]

This is crazy,we were just out in the California area on vacation and we saw so many illigal workers it made me sickPosted by rascalgirl59 at 07:42 PM

And you went right up to them and demanded they show you there permanent resident card, right? I mean, how else would you know they were all illegal?????

[killmetoo]

To brandi4040:

You misunderstood, brandi4040. The wives did not come here "ILLEGALLY!" They came to the US legally. Even the courts have said so.

The point of the story was that even when the courts have ruled that the widows are here legally, the INS ignores the courts rulings and wants to deport LEGAL residents.

You do not apply for a green card and then wait years for that process to be completed before you can marry. You get married to a US citizen, and then you are here legally while the process is underway. The INS has taken a long time to process spouses, so the story explains that they''ve already had children and been married for years before their "interview" finally comes up. By then in these cases they are widowed, and the INS does not say that they came here illegally. They say that widows are not spouses.

Bear in mind that if you have any relatives that have been widowed, then the INS does not believe that they are defined as spouses. It is like they were never married.

[PAFISHER]

It is typical of the broken system that those here legally are being deported while the illegal scum sneaking across the border are allowed to do as they please without worrying about paying taxes and tearing apart stability of our schools, hospitals and housing. There is not any part of our country they have not damaged. That they are too stupid or lazy to speak English is an insult. Alligators in the Rio Grande would be a lovely improvement.

[waterlou39]

I watched your story about widows of vets and other deceased US citizens and I WAS MORTIFIED!!! Why is the Inland Security Dept. spending so much time and money (tax payers'' money) to deport these widows when there are thousands of illegal aliens (is there nothing about the word illegal that the ISD does not understand?) living within our borders that go completely unaddressed. These illegals take our jobs and our tax dollars for welfare, etc. and drive up our crime rate makinng our city streets unsafe for those who belong here ... yet the ISD does nothing while these widows are paying taxes and are citizens. WHY, WHY, WHY???

[killmetoo]

rudy6543:

People who are married to US citizens are not required to and do not qualify to apply for a green card. The INS wants them deported because they were widowed before their scheduled INS interviews took place. They do not have the option to remain with their families and children and apply for a green card because they are already, automatically considered illegal, even though the courts have already ruled otherwise.

[loracm8]

I was outraged at this. I just read in our local paper about thugs and rapists who are arrested, put in jail and tell the authorities when asked that they are here illegally but yet they turn a blind eye and don''t do anything about AND TURN THEM OUT ON THE STREETS TO COMMIT MORE CRIMES. Now here is immigration lowering the boom on those that deserve to be here and are upright citizens. This world is crazy. I wish I knew who to contact to register my outrage. Im sure other people feel the same way.

[rockyrenn]

The "CBS 60 Minutes show featuring "A Loss of Love and Country" is another illustration of CHANGES we need to make in Washington. Where is our common sense?

[boinkboink-2009]

Okay, how about the in-laws adopt the widowed spouses. May or may not work, but it''ll start a legal process that would keep the INS tied up for years. Fight red tape with red tape. At least it''ll buy the families some time. -Boink

[mysticstone]

It appears that the USA would rather have illegal aliens that commit crimes, and continue to commit crimes upon release from jail, than to keep legal immigrants that lost their spouse prior to the INS meeting. What a load of ***!!!! Perhaps they need to talk with Obama and see if he can get INS straighted out!

[rudy6543]

People who are married to US citizens are not required to and do not qualify to apply for a green card. The INS wants them deported because they were widowed before their scheduled INS interviews took place. They do not have the option to remain with their families and children and apply for a green card because they are already, automatically considered illegal, even though the courts have already ruled otherwise.


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Posted by killmetoo at 08:35

Um...If you marry someone who is a citizen that person can apply for you to at least be able to come to this country. In fact, a permanent resident can do the same thing by filing an I130 form and then an affidavit of support. From there they can at least come to this country legally and then apply for an adjustment of status (I''m no expert, btw). However, it is quite the task. My brother had a hassle with Homeland Security and them calling him and his wife back for appt. after appt., losing papers and all kinds of krap. I understand what these people are going through. Our country began to make it difficult on immigrants back early in the 20th Century because people would get upset everytime they would see the Irish, Italians, Polish, Jews, etc. This country has been harmed by the racism and hatred of the past. I hope it changes soon.

[rudy6543]

Okay, how about the in-laws adopt the widowed spouses.

Posted by BoinkBoink at 08:45 PM

Some people came to my office and asked if this were possible, and I had to tell them it wasn''t. To be eligible for adoption a person has to be under 16.

[lmj63]

I looked up widow in the Black Law Dictionary and got: An unmarried woman whose husband is dead. I then looked up Widower in that same dictionary and got: A man whose wife is dead. Notice a difference? The woman is unmarried but nowhere in the definition of widower is made mention that the man is unmarried. This is a crock of bulls***. The definition of widow needs to be changed, then maybe the INS can leave these grieving women alone to live their lives and focus on the REAL law breakers, the people pouring over the Mexican border.

[lmj63]

I looked up widow in the Black Law Dictionary and got: An unmarried woman whose husband is dead. I then looked up Widower in that same dictionary and got: A man whose wife is dead. Notice a difference? The woman is unmarried but nowhere in the definition of widower is made mention that the man is unmarried. This is a crock of bulls***. The definition of widow needs to be changed, then maybe the INS can leave these grieving women alone to live their lives and focus on the REAL law breakers, the people pouring over the Mexican border.

[lmj63]

I looked up widow in the Black Law Dictionary and got: An unmarried woman whose husband is dead. I then looked up Widower in that same dictionary and got: A man whose wife is dead. Notice a difference? The woman is unmarried but nowhere in the definition of widower is made mention that the man is unmarried. This is a crock of bulls***. The definition of widow needs to be changed, then maybe the INS can leave these grieving women alone to live their lives and focus on the REAL law breakers, the people pouring over the Mexican border.

[pcreversed]

INS needs to take the same attitude with all immigrants then especially with the illegal ones. If illegals are allowed to stay, why not legal ones. this is a load of krap. if they come here illegally, INS seems unwiling to do anything about getting them out but if they are her legally INS wants them out if they do not adhere to every little qualification. That seems like a huge double-standard. I for one would rather a little slack being given to legal ones than any slack being given to the illegal ones. i would love to work for INS. I could work over-time just going to Walmart on any given day. Why do they seem unwilling to enforce the laws of this country? Illegals need to go especially since the economy is soft, to say the least, and Americans are out of work

[rudy6543]

It is typical of the broken system that those here legally are being deported while the illegal scum sneaking across the border are allowed to do as they please without worrying about paying taxes and tearing apart stability of our schools, hospitals and housing. There is not any part of our country they have not damaged. That they are too stupid or lazy to speak English is an insult. Alligators in the Rio Grande would be a lovely improvement.


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Posted by MEMPHISMOM3 at 08:33 PM

While I am against illegal immigration, I do support easing the process for people to come here. Immigration has been a cornerstone of this naton and made it successful. I do tire, however, of people who just really don''t know what is going on. Many illegals that are here now are in the same boat as the widows in the story. Nearly all of their families are legally here, but immigration is making it difficult for them. Unbeknownst to most of you, is the fact that American companies can now import workers with worker visas quickly to do farm work. And many are coming that way. So everybody out in the fields is not necessarily illegal anymore. Those that are doing those jobs come temporarily as those jobs do not last for more than month or two at a time. That is the world of agriculture and most permanent residents and US citizens want jobs that are year round and provide some kind of benefits.

[pcreversed]

INS is committing treason by not getting the illegals out of this country and they make me sick to know that I am paying their salaries and they are doing nothing to earn it. Seems INS wants to take credit for a great job whne they bust 100-200 of them. I could round up thousand a week easliy.

[firefoxpete]

Regarding the program of this evening (11/23/08) about the foreign born widows being asked to leave the US because they no longer have spouses: The Federal government is working ardently to deport those who have entered our country legally but our local governments are turning a blind eye to illegals. Real logical, isn''t it? I''m glad I got my papers when I did or I might be booted out even though I came through the front door, unlike those millions who are supposedly "hiding in the shadows."
Drive down any street in Houston, Texas and you''ll learn to recognize them in the sunlight.

[rudy6543]

I could round up thousand a week easliy.
Posted by PCreversed at 09:00 PM

Yeah right.

[firefoxpete]

Regarding the program of this evening (11/23/08) about the foreign born widows being asked to leave the US because they no longer have spouses: The Federal government is working ardently to deport those who have entered our country legally but our local governments are turning a blind eye to illegals. Real logical, isn''t it? I''m glad I got my papers when I did or I might be booted out even though I came through the front door, unlike those millions who are supposedly "hiding in the shadows."
Drive down any street in Houston, Texas and you''ll learn to recognize them in the sunlight.

[pcreversed]

While I am against illegal immigration, I do support easing the process for people to come here. Immigration has been a cornerstone of this naton and made it successful. I do tire, however, of people who just really don''''t know what is going on. Many illegals that are here now are in the same boat as the widows in the story. Nearly all of their families are legally here, but immigration is making it difficult for them. Unbeknownst to most of you, is the fact that American companies can now import workers with worker visas quickly to do farm work. And many are coming that way. So everybody out in the fields is not necessarily illegal anymore. Those that are doing those jobs come temporarily as those jobs do not last for more than month or two at a time. That is the world of agriculture and most permanent residents and US citizens want jobs that are year round and provide some kind of benefits.


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Posted by rudy6543 at 08:59 PM : Nov 23, 2008

I call *** on that entire post. they sneak in and nobody does anything to get them out. Stop trying to legitimize them being here and start doing something about it before the citizens do.

[pcreversed]

While I am against illegal immigration, I do support easing the process for people to come here. Immigration has been a cornerstone of this naton and made it successful. I do tire, however, of people who just really don''''t know what is going on. Many illegals that are here now are in the same boat as the widows in the story. Nearly all of their families are legally here, but immigration is making it difficult for them. Unbeknownst to most of you, is the fact that American companies can now import workers with worker visas quickly to do farm work. And many are coming that way. So everybody out in the fields is not necessarily illegal anymore. Those that are doing those jobs come temporarily as those jobs do not last for more than month or two at a time. That is the world of agriculture and most permanent residents and US citizens want jobs that are year round and provide some kind of benefits.


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Posted by rudy6543 at 08:59 PM : Nov 23, 2008

I call *** on that entire post. they sneak in and nobody does anything to get them out. Stop trying to legitimize them being here and start doing something about it before the citizens do.

[rudy6543]

The Federal government is working ardently to deport those who have entered our country legally but our local governments are turning a blind eye to illegals.
********

This isn''t true. Illegals are deported regularly from this country. The tightening of the border has decreased illegal immigration tremendously. Don''t assume everyone speaking Spanish is illegal.

[firefoxpete]

Regarding the program of this evening (11/23/08) about the foreign born widows being asked to leave the US because they no longer have spouses: The Federal government is working ardently to deport those who have entered our country legally but our local governments are turning a blind eye to illegals. Real logical, isn''t it? I''m glad I got my papers when I did or I might be booted out even though I came through the front door, unlike those millions who are supposedly "hiding in the shadows."
Drive down any street in Houston, Texas and you''ll learn to recognize them in the sunlight.