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Why it’s so hard to obtain legal status, even through marriage and family

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A recent series of posts explored the immigration limbo lived by families of mixed status, families in which some members are U.S. citizens and/or legal residents while others remain undocumented, unable to adjust their immigration status in spite of family and marriage ties to the United States.

Mixed-status families are surprisingly common. In 2009, the Pew Hispanic Center estimated there were 8.8 million people living in families of mixed immigration status in the United States. This makes for a conservative estimate, as Pew’s definition was limited to families with unauthorized immigrants and their U.S. citizen children. Even more common are mixed-status extended families, one example being the Kenyan-born family of President Obama, whose undocumented half-uncle was arrested in August, and whose aunt was up for deportation until being granted asylum.

The Multi-American series on mixed-status families featured the first-person stories of U.S. citizens and legal residents who are the spouses, children and siblings of undocumented immigrants. Many had tried to adjust their status and failed. One U.S. citizen woman whose husband had been unable to adjust, and now faces deportation, wrote: “People who don’t have undocumented family members don’t believe me when I tell them he can’t get papers.”

It’s commonly believed that marriage to a U.S. citizen is an immigration cure-all, as is having U.S.-born children. Not so. In fact, for people who entered illegally, current laws make it next to impossible to obtain legal status. Legal expert David Wolfe Leopold, an immigration attorney and former president of the American Immigration Lawyers Association, explains why.

M-A: Why is it so difficult to adjust immigration status for those who lack legal status, even through family or marriage?

Leopold: The law limits adjustment to non-immigrants who have maintained status, not worked without authorization, etc. There are few exceptions to this general rule.

In the family based context, a person may adjust if they were lawfully admitted or paroled into the U.S., and they are married to a U.S. citizen or the parent of a U.S. citizen who has reached the age of 21. In the employer sponsorship context, a person may adjust if they were lawfully admitted (not paroled) into the U.S. and their failure to maintain status has been for no longer than six months. Asylees and refugees may adjust regardless of lawful admission.

M-A: What if someone entered illegally without a visa, as opposed to someone who entered lawfully and overstayed? Is it possible to obtain legal status?

Leopold: For most people, no. There are two exceptions to this, commonly known as 245(i): 1) if the person could have adjusted by an immigration process started before January 18, 1998, or; 2) if the person could have adjusted based on an immigration process started before April 30, 2001 and they can prove they were present in the U.S on December 21, 2000.

Practically speaking, this means that some petition or labor certification process must have been filed on their behalf or on behalf of their parent or spouse before these dates. The rules are pretty liberal as to who can benefit. But, as you might imagine, the pool of people who qualify diminishes as the years and days go by.

M-A: Is there a way for people who entered without a visa to adjust status through marriage?

Leopold: No. The law does not permit adjustment even if the green card is based on marriage to a U.S. citizen and there is extreme hardship to the family. If a person entered without an inspection and doesn’t qualify for 245(i) exceptions, they must leave the U.S. in order to apply for their immigrant visa.

M-A: What happens when people are told to go back to their native country, such as to Ciudad Juarez in Mexico to process paperwork at the consulate there? What are the penalties?

Leopold: Anyone who has been in the U.S. for more than six months after entering illegally, or overstaying their authorized period of stay, faces a three or 10 year bar to readmission once they leave. If a person overstays for six months, they will be barred for three years; if they overstay for one year or more, they will be barred for 10 years.

If they reenter illegally after having been removed or after having been in the U.S. unlawfully for more than a year, they will be barred permanently.

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Life in a mixed-status family: ‘Paperwork takes years’

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A recent series provided a glimpse into what it’s like to live in a family of mixed immigration status, a family in which some members are U.S. citizens or legal residents while others – a spouse, a parent, a sibling, an adult child – remain undocumented.

Several people recently submitted their personal stories via KPCC’s Public Insight Network, which solicits input from the public on specific topics, and five of these were featured in a weeklong series of posts.

But the stories have kept coming and are worth sharing. More recently, those contributing them have delved into other aspects of the immigration process, including how difficult it is to obtain legal status or come to the U.S. legally in the first place.

Among these is Jill, a U.S.-born Las Vegas resident whose mixed-status story has a happy ending. Her formerly undocumented husband, brought here from Mexico when he was nine years old, became a legal U.S. resident in 2009. Herself the child of a legal resident from Canada, she no longer worries that her spouse could be deported at any time. But getting to that point was a frustrating experience, Jill writes, and other family members remain in immigration limbo:

When we got married, my husband was illegal. After we had our first son and political rumblings were arising about what to do about illegal immigrants, I put in the paperwork petitioning him for his legal residency. He was able to get his green card fairly quickly, however, my sister and brother-in-law are in a similar situation and have been waiting years for paperwork to come through so that my brother in law can get papers.

It’s been very hard for them, as they have kids too. Our cousin also lives with us and has a visa, but then found out her visa could not be renewed. She worried because there was no work for her back in Mexico and the little that she could make here she was sending back to her family there. She now has to decide whether to stay with us, even though her visa is expired, or to go back home with her family.

Immigration paperwork for just about anything is long, tedious, and frustrating. I had a permanent resident application returned to me because I had put the checks for the fees on top instead of with each individual form. I had a passport application returned because the smile in the picture showed a tiny bit of teeth. With few exceptions, paperwork takes years and the fees are very expensive.

We worry that our relatives who are illegal could be deported (one of them was), and those that are illegal worry about losing their jobs or getting stopped by the police. We have forbidden our brother in law from travelling to Arizona and cancelled a weekend trip to the Grand Canyon.

(In response to, “What do you wish others knew about families whose members have a mix of citizenship, legal residency or undocumented/lapsed immigration status?”)

I wish they understood that the great majority of them are hardworking people who love their families, and would do anything for their children to have a better life. I wish they understood that there is no such thing as an “anchor baby.” A mother or father can be deported at any time whether or not they have children who are citizens, and children can’t apply for papers for their parents until they are 21 and have a stable job.

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Five personal stories of life in mixed-status families

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What is it like to live in a family in which you’re a U.S. citizen, but your spouse, one of your parents, a sibling, an uncle or aunt, even one of your children is undocumented?

During the past week, Multi-American has presented a series of first-person stories from people in families like these. Families of mixed immigration status are surprisingly common. In 2009, the Pew Hispanic Center estimated there were 8.8 million people living in mixed-status families in the United States.

This makes for a conservative estimate, as Pew’s definition was limited to families with unauthorized immigrants and their U.S. citizen children. Even more common are mixed-status extended families, one example being the Kenyan-born family of President Obama, whose undocumented half-uncle was arrested in August, and whose aunt was up for deportation until being granted asylum.

Why are mixed-status families so prevalent in the U.S? The demand for family reunification through legal channels is much larger than the number of available immigrant visas, for one thing. And for those who are in the U.S. illegally, it is much more difficult to adjust one’s immigration status than commonly thought, even through marriage. Those who entered with visas and overstayed stand a better chance, but tighter laws over the years have made it impossible for many people who entered without visas to ever adjust their status.

So what is life like for these families? As those who contributed to the series have explained, things as simple as taking a trip together are fraught with anxiety, or just not done. Those here legally don’t add their spouses to insurance plans or add their names to loan documents. “It’s as if she doesn’t exist,” one person wrote. Here are some highlights from the series.

People who don’t have undocumented family members don’t believe me when I tell them he can’t get papers. They don’t believe me when I tell them my brother-in-law can not enter this country legally to pick crops. They always tell me I’m mistaken. Or they’re callous and don’t understand how easy it was for their ancestors to enter, and how difficult it is now.

  • A man who works with elementary school students in Portland, Oregon public schools writes about how media images and public attitudes affect children in mixed-status households:

Many of my students have a lot of sad issues with their cultural identity, stemming from the kind of hateful things they hear all the time about them and their families. The undocumented population in Portland is pretty big, so there’s not as much fear or secrecy as there are kids growing up having to listen to their neighbors and the media speak about their parents as if they were sub-human. That causes lasting damage to kids, and it sucks.

  • A woman who was born to Mexican immigrants in Kansas City, Missouri writes about life with her domestic partner, who has tried to adjust her status but remains undocumented:

It hurts to keep so many secrets. I can’t put her on an application for a loan and I have to say I’m the only person in the household. I can’t put her on my health or auto insurance and again – it’s as if she doesn’t exist.

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Life in a mixed-status family: ‘People…don’t believe me when I tell them he can’t get papers’

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This latest in a series of first-person stories from people in families of mixed immigration status comes from Alison Gamez, a U.S. citizen in Arizona whose husband is undocumented. Now in deportation proceedings, he was unable to adjust his status, even through marriage.

It’s a common misperception that this is easily done. The reality is that while those who entered with temporary visas and overstayed illegally stand a decent chance of legalizing through marriage, tighter immigration laws have made it nearly impossible for those who entered without visas to adjust their status, even when they marry a citizen.

Gamez’s story joins several that Multi-American has published in the past week from members of mixed-status families, including stories from the U.S. citizen daughter of undocumented parents, the legal-resident brother of undocumented siblings, and a woman born in Kansas City whose domestic partner is undocumented.

Yesterday’s post shared a different perspective from a Portland man who works with public school students from immigrant families, many of them living in mixed-status households.

Gamez and her husband, who is soon due to be repatriated to Mexico, live in Surprise, Arizona, outside Phoenix. Here’s what she shared via KPCC’s  Public Insight Network, which has been been collecting the stories of people living in or familiar with these families.

My husband entered the country without papers over 10 years ago. We started living together about 7 years ago, and that is when I discovered that the laws had changed, and my husband could no longer become legal forever. So we did not marry at that time because we both had first bad marriages.

Then I heard on the radio that if we married, his kids (living with my husband’s mom in Mexico – his wife took off with another man) could become legal and remain legal. So we got married. After that, he was stopped by Border Patrol on a highway (the 303), and we got trapped in the immigration system. He is set for deportation in January 2014, but allowed to live here legally until then.

People who don’t have undocumented family members don’t believe me when I tell them he can’t get papers. They don’t believe me when I tell them my brother-in-law can not enter this country legally to pick crops. They always tell me I’m mistaken. Or they’re callous and don’t understand how easy it was for their ancestors to enter, and how difficult it is now.

(In response to “What do you wish others knew about families whose members have a mix of citizenship, legal residency or undocumented/lapsed immigration status?”) That we want our rights as U.S. citizens to be respected by allowing us to live with the people we love, just like anyone else. That the laws were quietly changed in 1996 to take place in 2001 and since then it’s been so ridiculously unfair.

I am willing to pay whatever to have my husband here. I love him. He works in construction. He’s a good man. He makes me happy. I just want my good marriage to be able to stay together in the country I was born (in).

(In response to “What steps, if any, have members of your family taken to correct visa or immigration problems?”) We submitted papers. They gave him until January, 2014 to see if laws will change, then he is expected to leave, and no one cares what happens to me.

Mixed-status families are surprisingly common in the United States, where the demand for family reunification is high and the number of immigrant visas available low. It’s not uncommon to find families composed of U.S. citizens and/or legal residents and undocumented immigrants, sometimes under one roof. As several of those who have submitted stories so far have attested, things other families take for granted are not done easily in these families, if at all.

Do you have a story to share? Feel free to post comments below, or view the Public Insight Network questions here.

Life in a mixed-status family: ‘The media speak about their parents as if they were sub-human’

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A series of posts that began last week has related the personal stories of people in families of mixed immigration status, families composed of a blend of U.S. citizens and/or legal residents and undocumented immigrants, sometimes living under one roof. It’s a common phenomenon in the United States that also tends to stay secret, seldom disclosed beyond the family.

So far, the people who have sent their stories in to KPCC’s Public Insight Network have been members of mixed-status families, among them a young U.S. citizen woman whose parents have never been able to legalize their immigration status, the legal-resident brother of undocumented siblings who came here as minors, and a woman born in Kansas City whose partner is undocumented. All shared a common thread: What other families take for granted – taking a trip, for instance – isn’t something that mixed-status families do easily, if at all.

Today’s post shares a different perspective. It was submitted by Andrew Baron, who works with immigrant and refugee children in grades 5 through 8 in the Portland, Oregon public schools as part of a non-profit school-based program. Many of the students he deals with live in mixed-status Mexican immigrant households, with the older children born in Mexico and younger children born in the U.S. Many of their parents are undocumented. Baron writes about the kids:

Many of my students have a lot of sad issues with their cultural identity, stemming from the kind of hateful things they hear all the time about them and their families. The undocumented population in Portland is pretty big, so there’s not as much fear or secrecy as there are kids growing up having to listen to their neighbors and the media speak about their parents as if they were sub-human. That causes lasting damage to kids, and it sucks.

I’ve found it very difficult to be in a position where you actually have to try explaining to some people the definition of a human being. For many people in our culture, the lack of legal residency has become a great excuse to attack people who are vulnerable. Sadly, I don’t think it comes from ignorance. When you ask these people who they imagine picks and slaughters the food they eat, they readily concede that it’s mostly done by the very people they categorize as being such a drain on society. I think it comes from a pernicious attitude that’s taken hold in the U.S. whereby many people take pride in denying reality and denigrating people less powerful than they are.

As I type, the father of one of my students is sitting in a cell in Tacoma, awaiting deportation after being stopped for a minor traffic violation. Thus far I’ve written a character letter for him, explaining what a good father and community member he is. I tried to attend his initial hearing, but was told by his wife the judge won’t let anyone attend.

I’ve heard some interesting interviews with farmers and other employers who can’t get any Americans to do the difficult work done by undocumented immigrants. You should probably talk more with them. Also, talk to undocumented teenagers who’ve been led to believe that if they just study hard and follow the rules they’ll be rewarded in this country. That has turned out to be a colossal lie, and they’re the first to suffer for it.

Do you have a story to share, as a member of a mixed-status family or someone who is familiar with one? Feel free to post comments below, or view the Public Insight Network questions here.

 

Life in a mixed-status family: Readers’ stories

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In a series of posts last week, people living in families of mixed immigration status shared their personal experiences. One young woman wrote about being the child of undocumented parents and a family life fraught with “frustration, uncertainty, secrecy, lies.”

A man who has legal status – but whose siblings don’t – wrote about communicating with them via text message with warnings about highway checkpoints. And the partner of an undocumented woman wrote about how frustrating it is not to be able to take her to company events or add her name to a loan application or insurance policy, “as if she doesn’t exist.”

With more demand for family reunification than there are immigrant visas, mixed-status families are common – even the First Family has undocumented relatives. U.S. citizens often live under the same roof with undocumented parents, siblings, spouses or other family members.

Multi-American readers willing to share their stories were asked to do so, and some have. Jennifer Chenoweth-Ruiz posted this comment about her family’s experience (unedited):

MY real kids father was deported last year and know they don’t even know him. they were only 6 months and 1 1/2 when he was taken away from them.  It’s very sad waking up every morning knowing that it could be the last day you see that person.

The man i am with now is undocumented he is a good friend of my and my kids know him as their father. I wake up every morning scared for my life for him. Now that my kids are almost 2 and 3 they know who their dad is and it would break my heart for him to get deported and for my kids to ask me everyday “where’s daddy?”

People who are not in mixed families don’t understand the pain that we go through. My family and i never go out and vacation, the biggest vacation we have is going to the grocery store and it makes it that much more scarier when a police car is following behind you. To me it is inhumane to take a parent out of a childs life due to a “law”. That kid will be traumatized for the rest of their life never fully understanding why they can’t see their parent. it breaks my heart but this is my story.

Another reader who posted as “Anonymous” shared this:

My life could be so much easier. Co-signer, husband, insurance, children, acceptance from my family….. But no matter how long it takes
for an immigration policy to help us – I will not stop living. If there are millions of educated, talented, hard working, generous, loving, intelligent, selfless individuals that the US will not embrace….. What will this country look like 50 years from now?

The original posts from last week were collected from submissions sent in to KPCC’s Public Insight Network, which a couple of weeks ago posted a questionnaire related to mixed immigration status. Do you have a story to share? Feel free to post comments below, or view the questions here.

Life in a mixed-status family: ‘It’s as if she doesn’t exist’

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This week we’ve been featuring the first-person stories people who live in families of mixed immigration status, families in which some members are U.S. citizens or legal residents and others remain undocumented, often unable to adjust their status.

With the demand for family reunification high and the number of immigrant visas available each year low, especially for hopeful immigrants in countries like Mexico and the Philippines, mixed-status families are common in the United States. But with the risk of deportation always present, family members keep quiet, not revealing why they can’t do things other families take for granted.

KPCC’s Public Insight Network has asked people who are willing to share their stories to write in about their experiences, and several have. Among those whose stories have been featured this week was one young woman, the U.S. born child of undocumented parents, who wrote, “Mixed citizenship status within a family causes frustration, uncertainty, secrecy, lies.”

Yesterday’s post featured the story of an Orange County man who has legal status but whose siblings don’t, although they all arrived in the U.S. as minors.

Today’s story comes from a 32-year-old woman in Kansas City, Missouri who was born in the U.S. to Mexican immigrants. She has been with her partner, a woman who is undocumented, since 2008. ”I knew she was undocumented, but it didn’t matter to me,” she wrote. “I loved her and still love her.”

But as she tells it, their life together isn’t easy:

It hurts to keep so many secrets. I can’t put her on an application for a loan and I have to say I’m the only person in the household. I can’t put her on my health or auto insurance and again – it’s as if she doesn’t exist.

We share a car because I don’t feel comfortable knowing she is driving at night (she works at two restaurants). She works weekends, so I know that there is plenty of police patrol on Friday and Saturday nights. I had to learn to drive stick shift (but that’s a positive)!

I have a professional career and I hate not being able to take her to company events where they may require valid drivers license/identification/etc. I hate that I can go to college and she (who is miles ahead of me), can’t. I hate that she is taken advantage of at work and she can’t just quit or file grievances like I could.

Our emotional relationship has also had problems because (she’ll never admit this), but she feels helpless. She wants to be the breadwinner. She wants to be the provider. She doesn’t want me to drive her around. She doesn’t want me to worry about bills. I’ve seen her cry and it kills me.

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Life in a mixed-status family: ‘It is hard to explain’

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A post yesterday kicked off a series of posts related to families of mixed immigration status, with readers sharing their own stories. Mixed-status families are a common but seldom discussed phenomenon in the United States, composed of some members who were born here or have legal status, and others who don’t. They have been a semi-regular theme on this site since August, when President Obama’s long-lost undocumented half-uncle was arrested and detained.

What is it like to live in a family in which your spouse, your parents, a sibling or other relative is undocumented? KPCC’s Public Insight Network has been asking that question over the past few days, and the responses from those willing to share their experiences have been illuminating. In yesterday’s post, a young U.S. citizen whose parents have tried but failed to adjust their immigration status wrote: “Fear is involved in everything we do and everywhere we go.”

In an earlier post, a woman wrote about how things one might take for granted – like adding your spouse to the company health plan – are impossible to do when that spouse is undocumented.

Today’s personal story comes from a 34-year-old legal permanent resident in Orange County. He came to the U.S. from Mexico at age 13 with his family in 1989, overstaying their visitor’s visas. He obtained his green card last year, but because two of his four siblings remain undocumented (a third has a work permit), he asked that his name not be published for fear of their deportation. Here’s what he wrote:

As a family, since my youngest brother and my sister are undocumented, we are unable to go anywhere there might be a chance with encountering ICE agents.

My siblings and I have not gone back to the small town in Mexico where we grew up, even when close family members have been sick or passed away, afraid to not be able to come back to our families here in the U.S. Since checkpoints are quite common in Orange County where we live, we keep each other informed via text messages whenever we find out about checkpoints in order to avoid an unnecessary encounter with the authorities.

Regardless of our mixed immigration status, the lines of authority within our family have stayed unchanged. We’ve relied mostly on our parents for support and for help whenever we’ve found ourselves in financial struggles or whenever we needed someone with legal documents in order for us to do or buy what we needed to do.

My dad was the first one to acquire his citizenship, then my mom got her permanent residency through my dad’s citizenship status. By the time my dad became a naturalized U.S. citizen we were past the age where he could petition to quickly adjust our legal status.

My sister, who was 15 when we arrived is now 36 and a mother of 3 U.S. citizens. Her and her husband are still undocumented. My brother who was 8 when we arrived is now 30 and a father of 3 U.S. citizens. He was detained by ICE 2 years ago and currently holds a temporary work permit while he fights his case. My youngest brother who was 4 when we arrived and is now 26. He lives with his girlfriend and her daughter who is a U.S. citizen. Both are still undocumented.

As for myself, I was 13 when I arrived and now 34. My wife and 3 kids are U.S. citizens and I now hold a conditional permanent residency thanks to my wife who decided to marry me after a friend’s mom was detained and deported. Fearing that I would encounter the same fate, she decided to marry me after 7 years of living together.

(In response to “What frustrations or specific problems do you experience as a member of a family with mixed immigration status?) Fear. Fear that my siblings who are still undocumented will be picked up by ICE agents and deported. Fear that they’ll be deported and their children be picked up by Child Protective Services. Fear that they lose their employment due to their legal status.

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