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Keywords

statutesummary judgment
statutesummary judgment

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Lockhart v. Napolitano

Facts

Lockhart is a citizen of the Philippines who married Gerald Lockhart, a U.S. citizen, on January 20, 2004. Mr. Lockhart filed a Form I-130 petition for Lockhart's classification as an immediate relative, and she filed a Form I-485 application for adjustment of status. Mr. Lockhart died on December 21, 2005, before the applications were adjudicated. The USCIS later denied the applications, stating that Lockhart was no longer the spouse of a U.S. citizen after her husband's death.

Lockhart is a citizen of the Philippines who married Gerald Lockhart, a U.S. citizen, on January 20, 2004. Mr. Lockhart filed a Form I-130 petition for Lockhart's classification as an immediate relative, and she filed a Form I-485 application for adjustment of status. Mr. Lockhart died on December 21, 2005, before the applications were adjudicated. The USCIS later denied the applications, stating that Lockhart was no longer the spouse of a U.S. citizen after her husband's death.

Issue

Whether an alien-spouse, whose citizen-spouse filed the necessary 'immediate relative' petition form under 8 U.S.C. 1154, 1255(c)(4), but died within two years of the qualifying marriage, nonetheless remains a 'spouse' under 8 U.S.C. 1151(b)(2)(A)(i).

Whether an alien-spouse, whose citizen-spouse filed the necessary 'immediate relative' petition form under 8 U.S.C. 1154, 1255(c)(4), but died within two years of the qualifying marriage, nonetheless remains a 'spouse' under 8 U.S.C. 1151(b)(2)(A)(i).

Rule

A surviving alien spouse remains a 'spouse' under the 'immediate relative' provision of the Immigration and Nationality Act (INA) despite the death of the citizen spouse within two years of the qualifying marriage.

A surviving alien spouse remains a 'spouse' under the 'immediate relative' provision of the Immigration and Nationality Act (INA) despite the death of the citizen spouse within two years of the qualifying marriage.

Analysis

The court applied the statutory language and legislative history of the INA to determine that the definition of 'spouse' includes surviving spouses. The court noted that the first sentence of the statute does not impose a two-year marriage requirement for the term 'spouse,' and thus, the surviving alien spouse retains the status of 'spouse' for the purposes of adjustment of status.

The court applied the statutory language and legislative history of the INA to determine that the definition of 'spouse' includes surviving spouses. The court noted that the first sentence of the statute does not impose a two-year marriage requirement for the term 'spouse,' and thus, the surviving alien spouse retains the status of 'spouse' for the purposes of adjustment of status.

Conclusion

The court affirmed the district court's grant of summary judgment for Lockhart, concluding that she is an 'immediate relative' under the INA.

The court affirmed the district court's grant of summary judgment for Lockhart, concluding that she is an 'immediate relative' under the INA.

Who won?

Lockhart prevailed in the case because the court found that she remained a spouse under the INA despite her husband's death, allowing her to be classified as an immediate relative.

Lockhart prevailed in the case because the court found that she remained a spouse under the INA despite her husband's death, allowing her to be classified as an immediate relative.

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