Under immigration legislation passed by Congress in 1991, certain widows and widowers of US citizens are considered to be immediate relatives under immigration law and are eligible to petition for themselves for permanent residency. The provision did not extend, however, to the children of such widows and widowers. Congress expanded the definition of “immediate relative” in 1994 to include the children of such widows and widowers. This change in the law now means that such children no longer need to wait for their parent to be accorded immigrant status in order to be the beneficiary of an immigrant visa petition. The new law makes it possible for a child to be included in the widow or widower’s petition and to accompany or follow to join the widow or widower as a derivative immediate relative. The INS has now enacted an interim final rule enacting the statute.
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