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State Side Waiver Finally Introduced in Immigration Law

Immigration reform is nearing, as a priority for President Obama for his second term in office. In August those who were brought to the United States under the age of 16, completed high school, and have no criminal record, were allowed to apply for legal work permits (and in Massachsuetts, driver’s licenses and access to in state tuition) bringing them somewhat out of the shadows of the only place they know as home.

Yesterday, the “state-side waiver” that has been in the works for over a year, was finally implemented – to take effect March 4th, 2013. ( NY Times peice on the topic, in case anyone would like further reading: http://nyti.ms/UdQPvZ ) Under US immigration laws a Husband/Wife can petition a green card for his or her foreign spouse. If that foreign spouse entered with a visa yet stayed, no matter how many years ago, that overstaying is forgiven upon marriage to a US Citizen and, if there are no other obstacles, that person is eligible for legal residency in the United States.

On the other hand, if the person entered without a Visa then there is no option to obtain a green card without leaving the United States. Yet, there is another law that punishes anyone who LEAVES the United States after being here illegally for over one year with a 10 year ban (implemented in 1996). So, you can see the dilema... The law requires some people to leave to re-enter legally, yet the moment they leave hits them with a ten year ban. There is a waiver to this 10 year ban but the person had to, until now, apply for it from abroad causing fathers or mothers to have to be apart from their children and families while in this limbo state of the unknown (will I get the waiver or not??) for months if not years. This law never made much sense as it requires the immigrant to leave the country to process his status yet, the moment he or she leaves, they are not allowed to return for 10 years. It required the immigrant to attend an immigration interview at the US Consulate abroad knowing that he or she will be denied and told to apply for the waiver. Then the application would be submitted (having been carefully construed over the previous months in preparation for this moment) and the immigrant waits, months and months, for a decision on that waiver.

Obviously, this does not encourage the immigrant to go through the legal avenue as it means abandoning thier family for XX months and not being certain about ever being able to come back to them. Not only is this not a good option for many people but in most cases it is not an option at all. A family simply cannot lose the breadwinner (and pay for the process at the same time in addition to their expenses) or primary caretaker for that long.

A year ago a proposed change was introduced to allow the person to submit the waiver before leaving the United States to go to the interview abroad (making sure no other issues, such as a criminal record exist) to immigrate to the United States. This would allow for the person to wait for a decision on his or her waiver without having to be separated from his or her family indefinitely. Yesterday, January 2nd, this process was at last finalized and will be further amended until applications are to be accepted stating March 4, 2013. What a good start to humane immigration reform and 2013. It is going to be a good year.

Mark Cain

7:37 am on Friday, January 4, 2013

You liberals will never stop trying to destroy this once great country.

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Chris Gagen

7:40 am on Monday, January 7, 2013

Mark, you came from immigrants. If Irish and Italians were trying to come to the US again would you think they were destroying this great country? because about 110 years ago, they built it. It's funny how "us" liberals seem to be tolerant of all people trying to gain citizenship legally. While "you" teabaggers base it on how brown their skin is. Seems oddly racist.

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Mark Cain

4:12 pm on Tuesday, January 8, 2013

Chris Cagan,
#1 My family came here legally
#2 we worked hard and didn't ask for handouts.
#3They are hear illegal already (parents chose the illegal path if anchor babies) or they wouldn't have to worry about this.
#4Calling me a teabagger means I want the Constitution upheld.
#5 Who mentioned color of skin? I mentioned illegals! White,black,brown purple whatever.
#6 Now,how is any of this racist?
What say you Chris Cagan?

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Kira Gagarin

4:53 pm on Tuesday, January 8, 2013

Mark, what is an "anchor baby"? Please enlighten...

YoursIsMineMineIsMine

12:48 pm on Tuesday, January 8, 2013

next the filthy scum will get financial aid and the working white Ameriicans will have to pay full boat and hold 2 jobs while the illegal immigrant slacker gets Everything Free in America

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Jessica Elizabeth

1:40 pm on Tuesday, January 8, 2013

Well yoursandmine, perhaps you should move to a different country and exploit their system as the way we as a country handle it seems to upset you.. Also your spelling and racism are astounding!

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Susan Petroni

1:42 pm on Tuesday, January 8, 2013

Just a reminder to please stick to the topic and not to attack each other. While you may not all agree on the issue, you can still have a debate without attacks.

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Kira Gagarin

4:53 pm on Tuesday, January 8, 2013

Yoursisminemineismine: that name seems very fitting. Thanks for the comment. I hope that all those who would like to attain an education can have the opportunity to do so. Not sure who the "filthy scum" would be here. Those who were brought to the United States as kids? Well, no financial aid yet but certainly in state tuition, which is a good first step. Why the distinction between white Americans and the rest? Are there no white immigrants? Are there no non white Americans? Or are you particularly worried about preserving the rights of the white Americans as those are somehow being attacked by immigrant children getting a higher education?

"Illegal Immigrant Slacker" is just humorous. Why would this slacker want to go to college?

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EverythingFreeInAmerica

1:25 pm on Thursday, January 10, 2013

I agree. His name is fitting for the attitude illegal aliens take. You grasp of sarcasm can be understood because your grasp of the English language is horrible. Illegals want a free college education because they realize that universities have to take a certain percentage of "diverse" students no matter what their test scores are. They can flunk their courses and the university will still hand them a diploma that was paid for by the American taxpayer. Jessica brings uop a good point about exploiting. Thats what these cockroaches do.

Mark Cain

7:17 pm on Tuesday, January 8, 2013

Kira,
The term is used as a reference to the role of the child, who automatically qualifies as an American citizen by being born here with a mother who is illegal and can later act as a sponsor for other family members.

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Kira Gagarin

8:03 pm on Tuesday, January 8, 2013

A child cannot petition a parent till that child is 21. A child can never petition a parent if that parent entered the United States illegally. So, despite the common misconception, there is no such thing as an anchor child in current US immigration law.

Mark Cain

7:46 pm on Tuesday, January 8, 2013

This seems like a plan I could live with and other American citizens could understand as possibly fair.

Congressman Steve King (R-IA) introduced the first immigration bill for the 113th Congress- The Birthright Citizenship Act (H.R. 140),- which requires at least one parent of newborns to be a U.S. citizen or legal permanent resident in order for the child to receive automatic citizenship.

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Kira Gagarin

8:03 pm on Tuesday, January 8, 2013

Wait wait waiiiiiiiiit a minute.... I thought you just said that you wanted to uphold the constitution??? Or does that exclude the 14th amendment?? Tuche.

Ed Bertorelli

11:58 am on Wednesday, January 9, 2013

Kira- this is off topic- but I recall that you said that you had come here from the former Soviet Union- can you enlighten me as to the background/details on the adoption controversy that has broken out between Putin's gov't and ours. Seems like a lot of innocents are victims here. Thanks

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Kira Gagarin

12:33 pm on Wednesday, January 9, 2013

Hi Ed. Ugh. Its really tragic. Most people in Russia are not as vindictive and ridiculous as Putin. I can't even find enough adjectives for him. There are thousands of Russian children in orphanages and these orphanages are often in terrible conditions. Putin (and other political cretins), avenging an American bill punishing human rights violators but stating that Americans abuse adopted children (19 have does out of 60k adopted - pretty good numbers! Much more perish at the orphanages...) have prohibited adoptions to US families of Russian children. Americans are the only ones who adopt handicapped children - whether physically or mentally - so this is especially tragic for those as they have no future AT ALL in Russia. I just hope that those that are pending adoption can go through and that someday Russian officials will come to their senses. That latter wish is a tall task. Soooo thankful to have been brought to the US by my parents

Here is a NYTimes article on the subject that sheds much more light than I can. Just know that most Russians are equally saddened by their "President".
http://www.nytimes.com/2012/12/29/world/europe/russian-adoption-ban-brings-uncertainty-and-outrage.html

Ed Bertorelli

4:30 pm on Wednesday, January 9, 2013

Kira - thanks for the information.

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Mark Cain

11:36 am on Saturday, January 12, 2013

Birthright citizenship should be stopped and infact is everything this great country is about!
http://capwiz.com/caps/issues/alert/?alertid=62328481

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Lynn

7:09 pm on Saturday, January 12, 2013

The face of immigration is much different today than it was years ago. This fact cannot be disputed. The standard norm today is NOT entering this country legally, obtaining citizenship, learning the language, learning the culture, obeying the law, and struggling to keep your head above water while taking care of your OWN family. There is not 1 factor to blame. There are multiple factors. The biggest one being our crooked government and politicians. I believe politicians start out "idealistic" but then become "realistic". The money, power and sometimes fame are too hard to give up. It's not immigration that's going to shatter this country. It's the government and politicians. Dirty selfish individuals. I 'like' my country. It's where I'm from. Where I work. Where I was born. I'm a tax payer and I obey the law. But you will NEVER hear me get on my patriotic high-horse AND then whine about the country and all it's issue in the same breath. I get so fed up hearing the country songs about blah, blah, blah. We know it's the $$ for them. And the listeners who follow them??? Really??? You love this country then you post your whiney little comments and stupid pictures about illegals, taxes and welfare on Facebook. Pick one side. And if you can't then write your Congressman, your Senator and get the frig out there and vote! I understand what you feel. I am affected too. Be part of the solution and quit being part of the problem.

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Mark Cain

10:13 am on Monday, January 14, 2013

We are a nation of laws.
Do you want to maker your own laws Lynn?

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Kira Gagarin

11:38 pm on Saturday, January 12, 2013

Hi Lynn. Thanks so much for your thought through input. What do you think the standard of immigration to the US is today? Do you think its gotten harder to enter legally over the years or that the people who come here today have a different mindset somehow? Are the reasons people come here still the same or do you think those have changed as well?

I believe that much of central America is deteriorating drastically and people are really desperate to escape the violence and despair - especially dangerous for young women. Its a very long, unpleasant, and extremely expensive journey to get here. I can't accept that people embark on it to avoid paying US taxes and to commit crimes. That isn't to say that some people don't commit crimes once here, but in my experience most are hard working people trying to get ahead and provide for their families.

I'm a bit more optimistic than you regarding our politicians, though I complain with the best of them. I really like how you say to be part of the solution rather than moaning and groaning all day. I think, though, that most people don't take the time to understand the issues. They are just stuck in repeat about the same darn thing that doesn't make much sense in the real world.

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