Raquel Pascoal Williamsv.Secretary, U.S. Department Of Homeland Security, et al.
Before her U.S.-citizen husband died, Williams was the beneficiary of his pending I-130 petition and had filed an I-485 application to adjust status. After his death, DHS denied the I-485; it later denied her I-360 self-petition because she had been married for less than two years. After she remarried and divorced, she asked DHS to reopen the original I-130 under 8 U.S.C. § 1154(l), but DHS denied reopening under the statutory remarriage bar, and the district court granted summary judgment to DHS. The Eleventh Circuit held that § 1154(l) requires DHS to adjudicate a qualifying I-130 based on the beneficiary’s status immediately before the citizen spouse’s death, so the remarriage bar for I-360 self-petitions did not apply. It also held that DHS’s automatic-conversion policy could not override § 1154(l)’s command to adjudicate the qualifying I-130 notwithstanding the petitioner’s death. The court reversed and remanded for entry of judgment for Williams.
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