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Posted on
01/12/2012 6:10 PM EST
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Prioritizing families is a common-sense proposal
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Marielena Hincapié
Many immigrants in the process of obtaining permanent residency through sponsorship by U.S. citizen spouses or parents will no longer need to undergo prolonged separation from their families, if a proposal by the Obama administration is put into effect. The Obama administration last week announced a common-sense proposal to revise the immigration system, allowing immigrants with U.S. citizen family members who are eligible for waivers of the 3- and 10-year “unlawful presence” bars to file their applications in the United States rather than having to return to their country of birth and stay there for many months while their applications for waivers are processed. This change could benefit many low-income immigrant families.
The Obama administration rightly recognized that family unity should never be sacrificed for bureaucracy. Until now, many U.S. citizen spouses and parents who wished to adjust the status of their loved ones faced a Solomon’s Choice: risk having a loved one return to his or her country of birth to submit an application, and face a separation of up to 10 years, or continue living together in constant fear of deportation. Current immigration rules make no sense for those who seek to keep families whole and communities strong.
A government bureaucracy that forces mothers and fathers to be separated from their children is simply out of step with our commonly held family values. Last week’s announcement is a welcome step for immigrant families, but we know full reform can only come through Congressional action.
This sensible policy can and should go a step further by extending the same consideration to families of Lawful Permanent Residents (those with “green cards”), who also may apply for permanent residency for their spouses and children but cannot currently do so without having to suffer prolonged separation from their family members under the 3 and 10 year bars.
This important proposed change by the Obama administration has not yet been put in place. It is important for immigrant community members to be very careful about not falling prey to notario fraud or others who claim that this announcement represents an immigration benefit that is immediately available. Until the Obama administration’s proposed rule is finalized, there is no new immigration benefit. But once this proposal does become law, it will undoubtedly have a tremendous impact on the many U.S. families made up of U.S. citizen and undocumented immigrants.
Marielena Hincapié, executive director of the National Immigration Law Center.
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