Obama will stay permit for family members of military
Activists call at extending coverage to more groups of undocumented
Military families that current immigration laws can not get your papers, will have a solution with the new USCIS policy.
Photo: Shutterstock
In the same week that the hope of legalizing undocumented vanished for
this calendar year, the Department of Citizenship and Immigration
(USCIS) announced that it will permit in the country to spouses, parents
or children of people listed or previously served in the Armed Forces
of the country.
The decision shows that the executive can extend protection to undocumented workers using the broad discretion granted by law and the constitution, even without immigration reform, activists said.
In a statement released on Friday afternoon memo, USCIS announced that systematize a practice that was already in progress, albeit much more isolated, since August 2010, whereby residence permits and other benefits were granted migration at the discretion of federal authorities, relatives of a member of the Armed Forces.
According to Margaret Stock, an expert on immigration and military withdrawal from the reserves of the Army lawyer, was a benefit that was used very unevenly. "It was up to the office, some USCIS offices were favorable to these cases and not others. Some put their rules, not saban parents, or only active duty personnel, etc, "said Stock. "Now, through the memo, the rules say clearly, including all members, active reservists or veterans and also the parents, spouses and children of members."
"It's fantastic," said Stock.
The memo granted a residence permit called "parole in place" which essentially regulates the legal presence of family members from active military, reservist or veteran.
The document mentions the "stress and anxiety that our veterans who have served and sacrificed so much for our nation, may feel regarding the immigration status of their relatives in the United States."
"As a nation, we have made a commitment to support our veterans and care for them and that commitment begins when listed and continues even when they are retired veterans," says the memo.
"This is a change we expected for years. The last thing you should worry our service members is the possible deportation of a family member while fighting for our country, "said Matthew Kolken, an immigration lawyer in New York in mid of the last decade represented undocumented wife a veteran of Iraq who was killed in combat and that the government was trying to deport.
This was the first case that drew national attention to the tragedy of families of veterans by current immigration laws do not make their papers.
The new policy indicates not only that the families of members of the armed forces will receive a residence permit for one year, renewable, but at the same time eliminate the mark of "illegal" status that prevents many undocumented immigrants to obtain a green card yet when you are married to a citizen.
"Essentially this permit or" parole "eliminates the illegal status of undocumented record and allows you to obtain residency, for example, through its citizen or resident spouse," said David Leopold, another immigration attorney.
Next, the immigrant rights groups noted that this decision illustrates what the White House can do to protect undocumented groups.
"This is a victory for immigrant rights movement that has been calling on the president to stop separating families and deporting immigrant families," said Cristina Jimenez, United We Dream.
Meanwhile Marisa Franco of the National Day Laborer Organizing Network, said the decision reflects "unjust deportation policies of the United States and highlights the fact that the President has the power to do something about it," he said. "The president should do more for all the families, he has the legal authority and moral obligation to expand this memo issued today."
The decision shows that the executive can extend protection to undocumented workers using the broad discretion granted by law and the constitution, even without immigration reform, activists said.
In a statement released on Friday afternoon memo, USCIS announced that systematize a practice that was already in progress, albeit much more isolated, since August 2010, whereby residence permits and other benefits were granted migration at the discretion of federal authorities, relatives of a member of the Armed Forces.
According to Margaret Stock, an expert on immigration and military withdrawal from the reserves of the Army lawyer, was a benefit that was used very unevenly. "It was up to the office, some USCIS offices were favorable to these cases and not others. Some put their rules, not saban parents, or only active duty personnel, etc, "said Stock. "Now, through the memo, the rules say clearly, including all members, active reservists or veterans and also the parents, spouses and children of members."
"It's fantastic," said Stock.
The memo granted a residence permit called "parole in place" which essentially regulates the legal presence of family members from active military, reservist or veteran.
The document mentions the "stress and anxiety that our veterans who have served and sacrificed so much for our nation, may feel regarding the immigration status of their relatives in the United States."
"As a nation, we have made a commitment to support our veterans and care for them and that commitment begins when listed and continues even when they are retired veterans," says the memo.
"This is a change we expected for years. The last thing you should worry our service members is the possible deportation of a family member while fighting for our country, "said Matthew Kolken, an immigration lawyer in New York in mid of the last decade represented undocumented wife a veteran of Iraq who was killed in combat and that the government was trying to deport.
This was the first case that drew national attention to the tragedy of families of veterans by current immigration laws do not make their papers.
The new policy indicates not only that the families of members of the armed forces will receive a residence permit for one year, renewable, but at the same time eliminate the mark of "illegal" status that prevents many undocumented immigrants to obtain a green card yet when you are married to a citizen.
"Essentially this permit or" parole "eliminates the illegal status of undocumented record and allows you to obtain residency, for example, through its citizen or resident spouse," said David Leopold, another immigration attorney.
Next, the immigrant rights groups noted that this decision illustrates what the White House can do to protect undocumented groups.
"This is a victory for immigrant rights movement that has been calling on the president to stop separating families and deporting immigrant families," said Cristina Jimenez, United We Dream.
Meanwhile Marisa Franco of the National Day Laborer Organizing Network, said the decision reflects "unjust deportation policies of the United States and highlights the fact that the President has the power to do something about it," he said. "The president should do more for all the families, he has the legal authority and moral obligation to expand this memo issued today."
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