Today’s blog
Lynn Murphy Mark
Consular Processing
I like to write about immigration because it is such a vastly misunderstood system. I hear in the news that our immigration programs are broken. I see this in my day to day work at Legal Services. If the United States Citizenship and Immigration Service (USCIS) would only listen to us who navigate the trickery, we could suggest sensible and helpful edits to the laws.
This work has been mine to do since 2015 when I started volunteering for the Amigos Center in Fort Myers, Florida. Attorney Lindsay is my first teacher. Eight years later and I still call her for advice and the chance for a good laugh. She has a wicked sense of humor. You have to, in this business. If part of humor is recognizing the absurdities of life, the ancient Immigration and Naturalization Act is full of odd policies. Nevertheless, it’s the law.
I write this because I’ve heard too many people ask why “illegal aliens” don’t just come here legally. (By the way, “illegal aliens” is how USCIS refers to immigrants who cross our borders without permission.) There are not too many ways to enter legally, thus the mass of people who cross into the USA without permission feel they have no choice. Thousands of them have died on their way here or in the US desert while trying for a better life.
A client of mine has just encountered one of the most complex processes in immigration law. He crossed without permission over 20 years ago. In that time he has married a US Citizen and they have two children, one of whom is autistic. He has worked steadily in the underground economy since he arrived. Recently, he and his wife decided to take a chance and apply for a green card. They are taking a chance because he is here illegally and he is absolutely deportable.
There is a way for him to be approved and gain legal status. It is a long process. It is expensive. It’s possible that he will be denied a green card and have to return to live in Mexico, without his family. When we talked not long ago he told me just listening to the process made his hands sweat and his mind race to the worst possible outcome. He has to live with this worry for the several years that this will take to resolve one way or the other.
We have cleared one hurdle. USCIS has declared that his marriage is authentic. It took over a year to get that decision. Now the really hard part starts. His case will be sent to the Department of State for him to be in line for a visa, if approved. That will take another year or so before he learns if he is even eligible. He will be paying hundreds of dollars in fees. He and his wife will have to get a sponsor to help with the finances. His wife has to write a multi-page explanation of the hardship that would descend on their family if he were to be deported. They have an autistic child, and she is newly diagnosed with a serious chronic illness. He is often responsible for child care when she is ill. If he is not allowed to re-enter the US, the family will suffer a great hardship.
If his visa is approved he will have to “Consular Process”. This means he will have to return to Mexico, to Ciudad Juarez. While there he will meet with an officer at the Consulate who will conduct a rigorous interview. The fate of this family is in the hands of one person who has the authority to deny him re-entry to the USA. If that happens, he is legally bound to live in Mexico, away from his family and his life as he knows it.
It is hard to reassure him that he is likely to get permission to come into the United States and receive a green card. He is enough of a realist to know that the odds may be stacked against him because he has gotten a few traffic tickets.
He is a responsible hard working family man. He contributes to the economy by paying taxes. He has no criminal record. My prayer is that this will be enough to help him stay within our border.