10-Year Bars Split Up Families
Published July 28, 2009 @ 08:01PM PT
From the inbox today comes a story that is all-too-familiar to some of our regular readers:
Dear Friends and Colleagues,
"They scream out in the night for their father," says Aurora G., a U.S. citizen and military veteran, whose husband of ten years was suddenly arrested and deported. Aurora was living an everyday American life when one day without warning her life and the lives of her two U.S. citizen children were turned upside down. Although eligible for an immigrant visa based on marriage even though he was undocumented, Aurora's husband could not obtain one in the U.S. but had to return to Mexico to do so. Not a big deal, right? Not for him. Because he was undocumented, if he left the U.S. he would be barred from re-entering for ten years. He was stuck in a Catch-22 -- eligible for a visa but unable to obtain one.
Please click here to read Aurora's story and others like her.
This is the unfortunate story for many families ripped apart by an unforgiving immigration system because of what's called the three- and ten-year bars. Since 1996, anyone who has accumulated more than one year of unlawful presence in the U.S. is barred from re-entering the U.S. for ten years; 180 days of unlawful presence in the U.S. (but less than one year) results in the three-year bar.
Immigrants' List is working to amend the immigration law for deserving, eligible immigrants like Mr. G. Fixes also would eliminate the incentive for foreign nationals already subject to the bars to remain in the United States indefinitely and underground.
Aurora's entire family ultimately moved to Mexico in order to remain together as a family. "I don't think it is fair for my children to have to have to move to Mexico and completely change our lifestyles in order for our family not to be broken up! It is not right that after I served my country, my country will not accept my husband."
Please click here to join the movement to fix our immigration system.
President Barack Obama and Congressional leaders have promised to tackle meaningful immigration reform. We need to keep them to their word. The time to act is now.
Thank you for your support.
Amy R. Novick
Executive Director
Immigrants' List
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Comments (17)
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David is an attorney in Philadelphia, PA, where he helps immigrants to the U.S. navigate the complex immigration legal system. Views he expresses at change.org are his alone and don't represent the views or opinions of his employer, Nationalities Service Center. The information contained on this site is intended for educational and advocacy purposes only.
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I did get the email from Immigrants List but this article moved me to make my contribution. Every little bit helps "as we have seen in the grassroots movement of the Obama campaign.
The Ten year bar must be abolished. Not only is it unreasonable it is absolutely inhumane and insaine to remove the spouse or parent of a US citizen.
Posted by Mary Pranzatelli on 07/28/2009 @ 11:12PM PT
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Mary, you and analisa are invited. Maybe I need a group effort, I'm all by myself on this. I'm writing this to Mr. Bennion hoping he thinks outside the box.
Mr. Beninion, just a thought, I’m going to ask you straight out, come down to Mexico with me. You haven’t been to the Bourse bldg. I’m thinking you haven’t seen the home country where many of your clients originate from either. My friend Beto is one of the sharpest people I’ve ever met, you’ll love this guy and his family, and you have to hear his and (our) story and see where he lives. I was there 4 times and there are NO Americans, or any other outsiders for that matter. It’s incredibly gorgeous, I had no idea. You’ll see all the possibilities and you’ll understand why I’m incensed by the corruption. You need to see this part of Mexico. I’ve driven down the eastern coast of Mexico, Tampico, Puebla, been to Mexico City at least a dozen times, Acapulco (hated it), Taxco, loved it, Puerto Viaharta (all Americans), Guadalajara, all with him as a guide. The places to go near him are amazing enough. I’ve been on overnight bus trips, and I was always the only American.
How’s this for a dream team- because I’m a dreamer too- you, me, one Philadelphia Inquirer reporter and one film student? It might be very good for your career, and don’t underestimate the fact that I’m running for Governor. Anything can happen and I might get lucky and get someone’s ear, if not yours. I’m trying every combination I can think of to get my one reporter, including running for Governor. Let’s form a group. The more the merrier. And here’s another thing, every candidate gets to compose a 500 word essay that gets sent to every registered voter in New Jersey. I started it, half the essay is about amnesty and drivers licenses. I only live 40 minutes from Philly and on Monday I will be in town. I could come anytime if you’d see me. Maybe opportunity is knocking for you as well as me. How can you be sure it’s not? I’ll show you the pictures and don’t let me forget to tell you about his mother’s chile renos. She walks a few blocks and cooks over at the one house every day. Let me show you the pictures of the house he had almost finished before he got stuck down there with no money to finish. It would have made a perfect bed and breakfast but Americans aren’t going anywhere but where the Americans always go, and the house might never get done so it's all moot. That could change
Look where we’re at now, your essay's and 4 or 5 well meaning bloggers excluding Mr. Lindley, that’s it as far as I can see. I guarantee you’ll come back a changed man and you’ll never lack for material to promote your agenda. Let someone else will write about slippery Mr. Basso.
Posted by Gary Stein on 07/28/2009 @ 11:52PM PT
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That's 2:52 am EST
Posted by Gary Stein on 07/28/2009 @ 11:54PM PT
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"The Ten year bar must be abolished"
well, not completely. The 10 year ban serves as a punishment. I think it should be lowered to 5 years or 6. The "extreme" hardship should be removed and replaced with "hardship" in general. While some of our young people could wait 5 years and sacrifice being with their spouse. Divorce rates have sky rocketed because of the multiple deployments we have sent out troops in Iraq and Afghanistan.
Posted by Marsel Kuka on 07/29/2009 @ 05:00AM PT
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are you serious? 'some of our young people could wait 5 years and sacrifice being with their spouse'????? 5 years is a very long time. what about us women that are pregnant when their significant other is just taken from them like an animal? My daughter is 3 months old now and her father has been gone for 7 months. How can you sit there and act like this is easy. You have no clue what you're talking about.
Posted by Brittney Benedict on 11/06/2009 @ 10:05AM PT
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I think it should be lowered to 1 year. That is pleanty enough time to be away from the people that you love. Or the bar should just be abolished completely.
Posted by Brittney Benedict on 11/06/2009 @ 10:08AM PT
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How does deployment to Iraq justify separating familys with a 5 year bar???? They both are wrong. A soldier shouldn't be deployed from his family that long or a father being deported from his family either.
Brittany, this guy isn't playing with a full deck. You are 100% right.
I think you are being beyond fair by saying it should be lowered to a year and actually I agree with you statement it should be abolished completely. The 10 year bar is in-humane. I think community service or a fine is a more sensible punishment. I actually believe all Americans need to give more to their communitys and if we want positive reforms in our country that would be the way to punish a border violator. Community service is the way to go.
Posted by Mary Pranzatelli on 11/06/2009 @ 08:57PM PT
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Thanks, Mary. I think a 1 year bar would be reasonable enough. 10 years is just rediculous. My daughter would be 10 years old before she ever seen her father, and when she met him for the first time he'd be a stranger to her. I cannot let that happen. I'm in love with her father, I want to get married, I want us to be together as a family. So we will get him back home I don't care what it takes. God is with us.!
What's going on with all this? Is immigration even aware of the emotional damage they're doing to families?
The president is supposed to be working on all of this, but I don't see anything happening. These 10 year bars should be done away with. It's just not right.
They would not have to come here illegally in the first place if immigration did not make it so damn near impossible to come here legally. Am I right?!
Immigration does not even care about people, how can they? They take babies' daddys away from them. They take wives from husbands, husbands from wives. Or in my case, my fiance. Do they even know the reason they want to come here in the first place? Look at their living situations there in Guatamala, El Salvador, or Honduras and Mexico too. My fiance is in El Salvador and he tells me that if they worked a whole day they would only make $6.00 for the WHOLE day. Can you imagine? We can't even make a living off of $6 AN HOUR!!
This is where the world is missing God, God loves EVERYONE, and He says we should welcome those who need help, we should love our neighbors as we love ourselves. What is happening to this country??
Maybe those of us who agree with what I'm saying may have to take some more drastic measures one day in the near future.
They were right to do away with slavery, but now they're treating immigrants like animals. Locking them up for months and months and deporting them back to their home countries when it's convienient to them. This whole thing is absurd.
The fact that I had to give birth to my daughter without my fiance by my side is absurd. The fact that there is a part of my heart missing now because the love of my life is thousands of miles away is just rediculous. They have no right to do this to people.
What's the saying for the Statue of Liberty? Give me your sick, your tired, your poor, your hungry? Something like that. Well.... HELLO AMERICA?! Who do you think you are.??!
Posted by Brittney Benedict on 11/07/2009 @ 05:24AM PT
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I think maybe it needs to be lowered to 2 years, but everything in life has consequences...
lets look at Mexico laws about illegal immigration.
Under Mexican law, illegal immigration is a felony.
Why should Obama change our laws ? When Mexico has the same kind of laws for illegals entering their country.Isnt this a Mexico bigotry?
The General Law on Population says:
Mexico’s main immigration law welcomes only foreigners deemed useful to Mexican society:
_ Foreigners are admitted into Mexico “according to their possibilities of contributing to national progress.” (Article 32)
_ Immigration officials must “ensure (that) immigrants will be useful elements for the country and that they have the necessary funds for their sustenance” and that of their dependents. (Article 34)
_ Foreigners may be barred from the country if their presence has upset “the equilibrium of the national demographics,” if they are deemed detrimental to “economic or national interests,” if they are not good citizens in their own country, if they have broken Mexican laws, or if “they are not found to be physically or mentally healthy.” (Article 37)
_ The secretary of governance may “suspend or prohibit the admission of foreigners when he determines it to be in the national interest.” (Article 38)
Mexican authorities keep track of every person in the country:
_ Federal, local and municipal police must cooperate with federal immigration authorities upon request: i.e., help in the arrest of illegal immigrants. (Article 73)
_ A National Population Registry tracks every “individual who comprises (sic) the population of the country,” verifying each individual’s identity. (Articles 85 and 86)
_ A national Catalogue of Foreigners tracks foreign tourists and immigrants (Article 87), assigning each a tracking number. (Article 91)
Foreigners with fake papers or who enter the country under false pretenses may be imprisoned:
_ Foreigners with fake immigration papers may be fined or imprisoned.
(Article 116)
_ Foreigners who sign government documents “with a signature that is false or different from that which he normally uses” are subject to fine and imprisonment. (Article 116)
Foreigners who fail to obey the rules will be fined, deported, and/or imprisoned as felons:
_ Foreigners who fail to obey a deportation order are to be punished. (Article 117)
_ Deported foreigners who try to re-enter Mexico without authorization can be imprisoned for up to 10 years. (Article 118)
_ Foreigners who violate terms of their visa may be sentenced for up to six years in prison. (Articles 119, 120, and 121) Foreigners who misrepresent the terms of their visa (as by working without a permit) can also be imprisoned.
“A penalty of up to two years in prison and a fine of 300 to 5,000 pesos will be imposed on the foreigner who enters the country illegally.” (Article 123)
Foreigners with immigration problems may be deported, rather than imprisoned. (Article 125)
Foreigners who “(make attempts) against national sovereignty or security” will be deported. (Article 126)
Mexicans who help illegal aliens enter the country are considered criminals:
A Mexican who marries a foreigner with the sole objective of helping the foreigner live in the country is subject to up to five years in prison. (Article 127)
Shipping and airline companies that bring undocumented foreigners into Mexico will be fined. (Article 132)
http://www.shns.com/index.php?action=detail&pk=MEXICO-04-24-06
Posted by Lara Nunes on 07/31/2009 @ 10:11PM PT
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All my family members (parents and siblings) are naturalized US citizens. I voluntarily left the US when my fiance did not marry me - I was in the US for more than 9 years. The past nine years was spent fighting for my impending removal for my failure to marry, since I went to the US on a fiance's visa. The US law says I should have left the US right after my fiance didn't marry me in 1998. But I have an approved petition from my US citizen parent since 1990, that is why I fought hard to stay. However, the judge said I had to leave and wait for 10 years before I am eligible to go back to the US. I have a child from a previous relationship - was with me for 9 years in the US but also left after the court's decision was made- who signified his intentions to serve in the military.
This rule indeed splits family.
I think this 10 year bar rule should be removed/modify when the immigration laws are reformed later this year. However, caution should be look into carefully so as not to abuse/misuse this rule's removal particularly on the influx of people (to the US) who just want to create worldwide terror and fear.
Posted by angel saint on 08/10/2009 @ 07:48PM PT
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ICE deported my mother after being here for more than 27 yrs
she never did any wrong, just came here to work, and they just took her out like nothing! i cant even help her in any way
although i am 22 and a U.S. Citizen because of the 3-10 yr bars law-THIS LAW IS KEEPING FAMILIES APART!!! IT MUST BE REMOVED!!!!!
Posted by alonso gonzalez on 10/20/2009 @ 06:19PM PT
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Alonso, was there no way to keep your mom with a cancellation of removal case or I-601 waiver? That totally sucks.
Posted by Prerna Lal on 10/20/2009 @ 10:11PM PT
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Yeah and in order to even get the bar waived, you have to prove extreme hardship. Which, according to the lawyer I talked to, has to be something that proves that you absolutely cannot go live with them in their country, like a sickness in the family or something. What immigration does not understand, depression is serious, splitting families apart is serious. And it's wrong. Depression can mess up your whole life. I should know. All I do is sit at home. I cry almost every single day. The father of my 3 month old daughter, is in El Salvador because he was deported and given a 10 year bar. He has been gone for 7 months. So he does not know how it feels to even hold his baby in his arms. This whole thing just sucks. That this is even able to happen to families is just rediculous. It's not fair at all. It's horrible.
Posted by Brittney Benedict on 11/06/2009 @ 09:55AM PT
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no,the waiver only works if the person they deported was your wife,husband,or child -not for the parents
Posted by alonso gonzalez on 10/22/2009 @ 08:05PM PT
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I WHOLE-HEARTEDLY HATE immigration. They are heartless and cruel. I understand there needs to be some control of the borders not to let murderers or terrorists in, BUT... for the people who just want to have A BETTER LIFE and to help their families, they are not wrong to want to come here. Everybody wants some of the American Dream. Then they end up creating a family of their own while they're here, and immigration takes them away and gives them a TEN YEAR BAR??!! Let me say this again, I HATE IMMIGRATION.
Posted by Brittney Benedict on 11/08/2009 @ 05:39AM PT
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If you hate american laws then pack your bags and move to mexico... we have laws for a reasons, illegals has no right to change our laws and demand the same rights as LAW biding citizens..
If you want to stay in this country then join the arm forces and prove to americans you will die for our rights, if not go home.
Posted by Lara Nunes on 11/08/2009 @ 07:14PM PT
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What is your point Lara?My dad is pro-immigration reform and he fought in World War ll. John Mccain was a prisoner of war and he was pro-immigration reform. Brittany is a citizen of the US and she does not have to join the arm forces and prove to me or my dad that she will die for her rights. She already has freedom of speech and she is exercising it on change.org
Go ahead Brittany!! say whatever you feel. You have every right to oppose this disgusting broken Immigration system and HATE IMMIGRATION LAWS!! and anyone that is out of status in this country has rights also. If they are on this US soil they have rights and freedom of speech...they just need to get out there and excercise their rights with protests. These ridiculous laws split up your family Brittany and our country is built on family values and people like Lara want to scare and bully you into hiding in the shadows of fear.
Posted by Mary Pranzatelli on 11/08/2009 @ 09:49PM PT
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