A way forward for immigration reform

A common sense proposal that can work

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An alternative is to wait five years until John qualifies for US citizenship, when he can petition for Joan to join him in the US as the spouse of a US citizen. (There is no annual quota for spouses of US citizens to obtain permanent residence.)  Therefore, couples like John and Joan can be separated for many years.  When I explained this to John and Joan at an office consultation while Joan was in the US on a 90-day tourist stay immediately following their marriage, they were incredulous. But there is even worse news. In all likelihood, Joan will not even be allowed to come to the US as a tourist during her long wait for US residence because US Immigration law requires that a person entering the US as a tourist cannot have the intent to reside permanently in the US at any time.  This did not make sense to them and I perfectly understand their reaction.

Their choices are limited: either John gives up the job he was recruited for and his US permanent residence (which was granted at the request and for the benefit of his US employer) and returns to live with his wife in the UK , or Joan remains in the US as an illegal alien until her permanent residence is granted. The other also not very satisfactory option is that they live apart (he in the US and she in the UK) until she qualifies for permanent residence based on the current law. So much for family values.

If John had married his UK fiancée before his permanent residence was granted (even one day before), she would have obtained permanent residence simultaneously with him and none of this headache would have ensued. However, marrying after his permanent residence was granted (even one day after) subjects them to this ridiculous situation. The immigration overhaul has to include family reunification legislation that treats spouses and children of permanents residents the same as those of American citizens.  

Some of the changes brought about by the 1996 “IIRAIRA” bill, which amended many sections of current US immigration law or the 1952 bill, were in my opinion unintended and need to be reviewed.  The “IIRAIRA” states that any crime considered an “aggravated felony” can bar a person from American citizenship and get them deported. US immigration law has always taken a dim view of criminal behavior.  From the earliest days of the USA, a criminal record could bar a person from entering or residing in the country. The “aggravated felony” section of the IIRAIRA amendments drastically enlarged the category of crimes which could bar a person from the US to include any crime of violence, theft or burglary for which a possible maximum sentence of 1 year imprisonment could be imposed.  

In some states, petty theft, verbal assault and even disorderly conduct —the last two classified as crimes of violence—can carry a possible maximum sentence of 1 year imprisonment. These sentences are seldom if ever imposed for these types of petty crimes which in most states are misdemeanors and not felonies at all. However, under the IIRAIRA, a person who got into a shouting match with their neighbor, was summoned to court for verbal assault and plead guilty and paid a small fine, could now be deported and barred from ever entering the US.  (Verbal assault in such states as Georgia carries a maximum possible sentence of one-year imprisonment.)

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