HispanicVista Columnists
Is there still hope? Can families stay together?
By
Erika Robles/HispanicVista.com
May 16, 2005
In 1994, section 245(i) was added to immigration law. Under this provision,
a person who –if it weren't for his or her illegal status - would qualify to
immigrate (for instance, a spouse of a U.S. citizen), may adjust status in
the United States –after having paid a fine- without having to go to their
home country to do so.
However, Congress allowed this section to expire in November 1997. In
December 2000 –while President Clinton was in office- the Legal Immigration
and Family Equity Act (LIFE) and LIFE Act Amendment of section 245(i) was
passed and signed into law. Instead of a full restoration of section 245(i),
it merely provided a short four-month in which eligible immigrants could
apply to adjust their status while in the U.S. as long as they could pay the
$1,000 fine.
As the Immigration law stands right now, immigrants who entered the U.S.
illegally and since then have become eligible to adjust their status due to
marrying a U.S. citizen, for example, have to leave the U.S. in order to
obtain their green cards. They also need to apply for a waiver –once they're
in their home country- and establish an extreme hardship to the immigrant's
U.S. citizen or Legal permanent resident family member. It's important to
mention that people applying under this section –if it is ever reinstated-
would be screened for criminal offenses, health problems, the potential of
becoming a public charge, fraud, misrepresentation and all other grounds of
inadmissibility, the same way they would be screened at the U.S. Consulate
in their home country.
The benefits of reinstating this section into the Immigration Law are
numerous; but the most important one is family unity. Instead of sending the
immigrant back to his home country in order to have his interview and make
him stay there between 6 months and a year until the waiver gets approved
-or denied-, he or she will be able to do that same process without having
to leave the United States and therefore their U.S Citizen families. Family
separation is one of the cruelest and most devastating parts for these
immigrants and their relatives. I have seen far too many people struggle to
keep their families together, to make ends meet while the breadwinner has to
spend a year in his home country. It is an unnecessary sacrifice these
people have to make in order to be with their families, to be in their
adoptive country. The reinstatement of this section is by no means a kind of
amnesty, as many people believe. It is simply a section that will allow them
to stay with their families while they go through the process of becoming
legal.
The Immigration Service would also get a financial gain out of this. Given
the fact that each applicant would have to pay a processing fee of at least
$1,000, the Immigration Services would generate revenue at no cost to
taxpayers. Furthermore, if the section gets reinstated, families wouldn't
have the need to depend on the government for financial assistance, as the
immigrant would be here and would able to support them himself. If the
immigrant is forced to leave and stay in his home country for a long period
of time, the families left behind would have to rely on financial aid in
order to make ends meet.
On May 1, 2001, George W. Bush wrote a Memo in support of reinstating this legislation. "I am a strong proponent of government policies that recognize the importance of families and that help to strengthen them. To the extent possible, I believe that our immigration policies should reflect that philosophy. That is why I support legislation to extend the window created under section 245(i) of the Immigration and Nationality Act during which qualified immigrants may obtain legal residence in the United States without being forced to first leave the country and their families for several years."
Unfortunately, there is no expectation that Section 245
(i) will be reinstated –or extended- any time soon. I strongly urge you to
contact your Senators and ask them for their support for a measure that
would allow families to stay together.
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Erika Robles, a contributing columnist to HispanicVista.com (www.hispanicvista.com), is a writer and translator now living in Eugene, Oregon. She was educated in Mexico City; London, England; andMelbourne, Australia. Contact at: erobleswords@yahoo.com Web page: http://www.geocities.com/oakspublishing