Widow

From the Miami Herald

The undocumented widow of a Cuban man who died during an interview with a Miami immigration officer was granted U.S. residency today, ending weeks of uncertainty.

Maritza Hernández, 53, said she was thrilled by today's approval even as she grieves over the death of her 50-year-old husband, Juan Hernandez.

''I'm happy in one way, because I have my residency, but at the same time I'm sad for the death of my husband. That's always there,'' Maritza Hernández told The Miami Herald.

Juan Hernandez had a heart attack during an Aug. 10 immigration interview in which officials were trying to determine whether the marriage between Maritza, from the Dominican Republic, and Juan, a Cuban immigrant with a green card, was legitimate. He suffered the heart attack when the immigration officer asked him when he proposed to Maritza. Juan couldn't remember.

Because Juan had obtained his residency under the Cuban Adjustment Act, Maritza was likely to get a green card.

Maritza arrived in the United States from her native Dominican Republic in 2001 on a tourist visa, but overstayed and joined the ranks of millions of other undocumented immigrants in the country.

If Maritza met immigration law requirements at the time of Juan's death, and their marriage was a real one, the matter of issuing her a green card should have been a slam dunk. I'm guessing, but perhaps ICE had complications in confirming the marriage part due to Juan Hernandez's death.

I'm all for legal immigration, but TFM is also for common sense. Welcome to America Maritza Hernandez.

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