British widow of Trade Centre victim wins battle to stay in US

David Usborne
Saturday 27 July 2002 00:00 BST
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A British mother of two whose husband perished in the World Trade Centre tragedy finally has some cause to smile: after months of bureaucratic dickering, American immigration officials have given her a "Green Card" that will allow her to remain in the United States indefinitely.

"I'm absolutely thrilled, it's a dream come true," said Deena Gilbey, 39. Since September she and her two boys had been facing possible deportation, because her status as a US resident had previously depended on the work visa given to her husband, Paul Gilbey.

Her legal limbo had drawn widespread attention, including the tabloids in New York which noisily lamented a "Widow's Torment". But officials with the Immigration and Naturalisation Service (INS) denied that the Green Card came as a result of public pressure."The decision was based solely on the content of her application and her eligibility," commented INS spokesman Kerry Gill.

In fact, Ms Gilbey has benefited from the USA Patriot Act, a new law passed in the wake of 11 September, specifically aimed at extending residency status to foreign-born spouses and children of victims of the twin towers tragedy.

It seems most unlikely that the INS would ever have deported Ms Gilbey, whose two children, Max, four, and Mason, seven, were both born in the United States and are American nationals. Even so, the Green Card will now remove any doubts about her future right to stay.

"Finally, the government rose to the occasion," her lawyer, Michael Wildes, told reporters. "Mrs Gilbey extends her thanks and appreciation to the good and kind people of the United States and to those at the INS who, after nearly a year of doubt, gave Deena and her children back a piece of their lives." Paul Gilbey has been recognised as a hero for sacrificing himself while trying to help others escape from the inferno on the 84th floor of the South Tower at the World Trade Centre where he worked as a bond trader for Eurotraders. He and his wife, who was born in Southend, came to America 10 years ago.

Mr Gilbey had in fact made a first attempt of his own to win a Green Card in 1994. But he was forced to restart the process, which often takes years to complete, when he subsequently changed job. A Green Card allows a person to reside in the US indefinitely but does not extend voting rights. It is often a first step towards applying for full citizenship.

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