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Monika Monroe, with dog Charlie, is from Germany. Her husband, Tim, died before she could get her green card.
Monika Monroe, with dog Charlie, is from Germany. Her husband, Tim, died before she could get her green card.
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A bill passed by Congress Tuesday grants a victory to a small group of immigrants who risked being deported.

A provision attached to the $41.8 billion Homeland Security appropriations bill ends a controversial interpretation of federal law, known as the “widow penalty.” The clause required that a couple be married at least two years in order for the foreign spouse to qualify for legal U.S. residency.

Several hundred immigrants whose spouses had died before the two-year minimum were thrown into a legal fight to stay in the country.

The provision passed Tuesday removes the two-year marriage requirement, permitting widows and widowers of U.S. citizens to apply for a green card for themselves and on behalf of their children born abroad.

Thousands of people are believed to have been deported under the 71-year-old law, according to immigration experts. Currently, another few hundred foreign spouses living in the U.S. had been trying to stave off deportation.

The provision permits the spouses to file a green-card petition within two years of the law’s enactment.

The Homeland Security Appropriations bill passed the Senate on Tuesday and now heads to the White House.

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