Getting Citizenship Through Marriage: Why Is It So Tough For Undocumented Spouses?
The path to citizenship through marriage is fairly straightforward for legal immigrants. They just need to apply for a residency, show their documents, be interviewed by an immigration lawyer, wait for their green card, fulfill its requirements and eventually become a citizen.
As long as the couple successfully proves to the immigration law specialist that their marriage isn’t a sham, obtaining legal status shouldn’t be any trouble.
However, if the immigrating spouse is undocumented, the story is very different.
Becoming a US citizen is very tough and sometimes impossible for undocumented citizens. In US immigration law, the term “undocumented” refers to anyone that entered the country illegally. They could have been living in the US for 20yrs but if they’re undocumented they’ll struggle to naturalize.
The reason for this is the Illegal Immigration Reform and Responsibility Act that was introduced in 1996. Before the law was enforced, undocumented spouses would have to present themselves to a judge and explain their situation.
Tougher Immigration
Increase in Deportations
The Illegal Immigration Reform and Responsibility Act was signed by Bill Clinton in 1996. It’s seen as one of the stricter immigration laws the US has.
Under the law, US officials have the right to deport legal residents if they were convicted of a crime. With the law, illegal immigrants that were arrested within 100 miles of the border do not have the opportunity to go in front of a judge and make a case.
Banishment
A banishment system was created to discourage migrants from entering and living in the US illegally. Migrants that entered the country unlawfully and lived in the US for longer than 6 months but less than a year are barred from re-entering for 3 yrs. People that stayed in the country illegally for more than a year are barred from re-entering for 10 yrs.
Basically, under the 1996 law, everyone who entered the US legally have to leave and re-enter the country by obtaining a visa. But people that entered unlawfully, was barred from returning to the US for 3-10yrs.
Ineligibilities
The Immigration Reform and Responsibility Act expanded the list of groups of people that were ineligible to apply for visas and residency.
The new list of ineligibilities included: people with particular infections, those that lied to the immigration officials about being citizens, those were ordered to leave upon arrival and people that came from a country considered to be sponsoring terrorism.
The Priority System & Waivers
Priority system
When the Obama administration came into power, it enforced a priority system that prioritized the removal of individuals who had committed serious crimes or were guilty of threatening the public and/or homeland security. Migrants that didn’t have run-ins with law enforcement would be able to avoid deportation.
The Trump Administration has a very different approach when dealing with illegal immigrants. It removed the previous administration’s priority system, making all illegal immigrants a target of deportation.
Waivers
Immigrations who have been barred from returning to the US for 3-10 yrs can ask for a waiver. To obtain a waiver, they will first have to prove than the separation of spouses is causing the family “extreme hardship”.
Previously “extreme hardship” was much easier to prove but the Trump administration redefined it’s definition to make it restrictive.
Parole in Place
Different rules apply for undocumented spouses of members of the military. The Obama administration allowed undocumented spouses of military members to apply for lawful residency without having to leave the US – a process known as “parole in place”.
Parole in place is implemented on a case-by-case, while some undocumented immigrants are able to get legal residency through it, others aren’t.
During the Obama administration, the applications for parole in place increased but after the new administration came into power in 2016, the numbers have approved applications plummeted sufficiently (81-73%).
Immigration advocacy groups continue to press the government to make amendments to existing laws that force spouses apart and break up families. But until these changes are made, such couples should seek the help of a competent visa immigration specialists to protect them from such harsh laws.
If you or a loved one is struggling to attain legal status in the US, find an immigration lawyer that has your best interests in mind.
Milenkovic Law Group PLLC. offers affordable immigration attorney services in areas of New York such as The Bronx, Brooklyn, Long Island, Manhattan, Queens and Westchester.
Contact us at 914-202-0610 for consultation on immigration to the US.