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Immigrants Closely Tied to Military Get Reprieve

The New York Times

By JULIA PRESTON Published: November 15, 2013

The Obama administration issued a new policy on Friday that will allow immigrants in the United States illegally who are close relatives of active military troops and veterans to stay and move toward becoming permanent residents.

The long-awaited memorandum, coming after three years of deliberations by Department of Homeland Security officials, was an effort to untangle knots in immigration law that left many soldiers worried that their immigrant family members could be deported while they were deployed.

The administration applied the policy broadly, extending it to all active-duty members of the armed forces, to reservists including the National Guard, and to all veterans. Their spouses, children and parents will be eligible for a “parole in place,” a term that means they will be authorized to remain in the United States and many can proceed with applications for legal residency.

“This is an enormous step forward for military families and military readiness,” said Margaret D. Stock, a lawyer at Cascadia Cross-Border Law in Anchorage, who is a retired Army Reserve lieutenant colonel. “These problems had been a complete nightmare for many military people to deal with.”

The shift comes as legislation to grant legal status to millions of illegal immigrants has stalled in Congress, with Republican leaders in the House saying this week that they would not hold immigration votes this year or enter negotiations over a broad bill that the Senate passed in June. Obama administration officials said the new rules were based on existing statutes, and did not create any new legal status that would require action by Congress.

“In order to reduce the uncertainty our active-duty and retired military personnel face because of the immigration status of their family members, we have decided to clarify existing policies,” said Peter Boogaard, a spokesman for the Department of Homeland Security.

Immigrants without papers generally have to leave the country to collect visas they applied for through marriage to an American citizen or some other family tie. But, in a notorious Catch-22, once those immigrants leave they are barred from returning for years. Under the new policy, those immigrants who are in military families will not have to leave to complete their visa applications.

Faced with the legal quandary, many service members chose not to apply for papers for immigrant spouses and relatives, often keeping their immigration status secret. As a result, there is no way of knowing how many immigrants will be affected by the new policy, but it could be tens of thousands.

Immigrants involved will have work permits and will have to renew their documents yearly.

Several Hispanic organizations, including the League of United Latin American Citizens, hailed the policy, noting that many Hispanics serve in the armed forces. In addition to American citizens, permanent residents and some other legal immigrants are eligible to serve in the military.

But many immigrant groups immediately called on President Obama to extend the reprieve to more foreigners here illegally.

“The administration’s action clearly shows that the president can use his power to stop the pain in our communities and grant relief to our families,” said Cristina Jimenez, managing director of United We Dream, a youth organization.

A version of this article appears in print on November 16, 2013, on page A10 of theNew York edition with the headline: Immigrants Closely Tied To Military Get Reprieve.

https://www.nytimes.com/2013/11/16/us/immigrants-closely-tied-to-military-get-reprieve.html?emc=edit_tnt_20131115&tntemail0=y&_r=0

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Well, hard to believe… job done! I’m frank to admit I had no idea that it would be so involved compared to 10 years ago when I did the renewal myself. Happily I was fortunate enough to find the best people to help get it done this time. When I was a working stiff it was mostly as a field guy in sales & marketing. High tech communication in those days was a pay phone in customers’ lobbies, so someone back in the office skilled in dealing w/problems was absolutely essential when I couldn’t be contacted. Most of those who supported me that way were good at what they did, some were outstanding. None were better than you!! This tedious & sometimes worrisome process would have been unbearable without your keeping it, & me, on track. So we want to extend our thanks to you and Radlyn. Hoping for Gardner & Mendoza to continue the good work for many years to come. - Anonymous
Gardner and Mendoza Law Firm is a great law firm no matter what kind of situation you may be in! For example I had court today, John Gardner, my attorney represented me today and got the charged dismissed totally the first time we both appeared in front of the judge in Virginia Beach Traffic Court. He uses every bit of knowledge he can to help you get the best results!! He also works very well with Latinos! They have a Spanish speaking person in their office at all times!! - Sebastian
My husband and I had a great experience with Mrs. Mendoza. She provided excellent information and a sense of urgency with every step of our immigration process. Her team was always supportive in getting us the information we needed throughout the whole process. This legal firm also treats their clients with the highest levels of respect. In all of Virginia I would say that the Gardener & Mendoza team is the best recommendation for same sex immigration cases and for immigration cases in general. It was a pleasure to work with them. - Anonymous
I Highly Recommend Radlyn Mendoza, An Excellent Immigration Lawyer. My wife and I were very worried about my wife’s immigration and legal status. We were quite impressed with Attorney Mendoza during our initial consultation. She proved to be a smart, knowledgeable, and very capable immigration attorney. She and her staff were very helpful and responsive to all of our requests. Kudos to her and staff, especially Leesa, for successfully handling our case. Thanks for a job well done. - Thomas and Cheong W.
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