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PERSONAL INJURY
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Title four, Subtitle C - Preservation of Immigration Benefits for Victims of Terrorism. Section 423. Humanitarian Relief for Certain Surviving Spouses and Children. Current law provides that an alien who was the spouse of a United States Citizen for two years or longer prior to the death of the citizen, is still eligible for immigrant status an an immediate relative. This would also be applicable to the children of that alien as well. Section 423, though, provides that if the citizen was the direct result of the terrorist attacks of September 11, 2001, then the two year requirement will be waived. An alien spouse or an alien child or an alien unmarried son or daughter who had been the beneficiary of an immigrant visa petition filed by a permanent resident (a Green Card holder), who had died as a direct result of the September 11, 2001 terrorist attacks, will still be eligible for permanent residence (to obtain their "Green Card.") These aliens could be eligible for deferred action and a work permit. An alien spouse, and alien child or an alien unmarried adult son or daughter who was in the United States on September 11, 2001, but had not had an immigrant visa petition filed on their behalf yet, can self-petition (that is file a petition on their own behalf) for permanent residence if their relative was killed as a direct result of the terrorist attacks of September 11, 2001. These aliens, too, could be eligible for deferred action and a work permit. Section 423 also provides that an alien spouse or an alien child of an alien who had both died as a direct result of the terrorist attacks and was a permanent resident (petitioned for by an employer) or an applicant for adjustment of status for an employment based immigrant visa, may have his or her application for adjustment adjudicated despite that aliens death. Again, this is only if the application was filed before the aliens death. Finally, Section 423 states that the grounds of inadmissibility related to the possibility that the alien may become a public charge (the necessity for an application of support) will not apply to an applicant for permanent residency under this section.
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