Immigrants fight to bring adult children to US

[SuperDuper! 230]

Immigrants fight to bring adult children to US

By AMY TAXIN (AP) – 1 day ago

SANTA ANA, Calif. — Evelyn Santos began her quest for a green card nearly two decades ago, hoping someday she and her family could leave the Philippines and start a better life in the United States.

The opportunity came in 2007, but with a painful caveat: Her two elder sons were now too old to qualify as dependents, so they would have to stay behind.

The mother moved to Northern California with her husband and two younger children, and filed a new round of paperwork hoping to get at least one of her older sons into the country without another decade of waiting.

"I have a joke with my son — am I still alive when you come here?" said Santos, 55, a supermarket clerk who lives in Livermore. "I am always praying somebody can help us in the government so we can bring my kids here."

Immigration attorneys say thousands of immigrants are stuck in a similar situation. In countries such as the Philippines, Mexico and China, relatives of U.S. citizens and residents sometimes wait a decade or two for a family-sponsored green card because of country-based immigration quotas.

Santos is one of several immigrants across the country suing the federal government to try to get their adult children into the country without another lengthy wait.

Under U.S. immigration law, children 21 and older cannot immigrate under their parents' applications for green cards.

Immigration attorneys say a 2002 law aimed at preventing children from "aging out" due to lengthy processing means these grown children should be allowed into the country soon after their parents file new paperwork on their behalf.

But the government argues that many of those who got too old during the wait are now new applicants and must start from the beginning.

"They want them to go from the front of the line, where they almost made it, and go to the back of some other line that may be 10 to 20 years away, said Carl Shusterman, an attorney representing immigrants in one of the lawsuits. "It is like double jeopardy."

Robert Reeves, an immigration attorney who filed a nationwide class-action lawsuit in federal court in Santa Ana, said he believes 20,000 immigrants living in the United States face similar problems bringing their children here.

Roughly a dozen individuals have filed separate lawsuits in California, New York, New Jersey and Ohio, immigration attorneys said. The complaints argue that the 2002 law allows grown children to use the parents' date of application as a starting point.

The government disagrees and says the law only holds for grown children who were sponsored directly for green cards from the very beginning or for those listed on the application of a foreign parent who was sponsored by a legal resident spouse.

The government contends that Congress passed the law to help current U.S. citizens and residents reunite with their families, not to help future immigrants bring their families here.

The plaintiffs argue that the law reads more broadly than that, and should include adult children whose parents had differing forms of sponsorship, including that by siblings.

The country's immigration appeals court recently ruled in favor of the government in a case in which a Chinese man immigrated in 2005 based on an application filed by his sister. The man tried to get a green card for his daughter, who had aged out, and sought to have her application marked with the initial 1992 filing date. But the court ruled the application was new and his daughter would have to wait.

Sharon Rummery, a spokeswoman for U.S. Citizenship and Immigration Services, declined to comment on the dispute.

Immigrant advocates say the government should not require families to wait so long to immigrate together, claiming it discourages legal immigration. Nor should aspiring immigrants be forced to choose between their children and reuniting with their siblings and parents in the United States.

But some argue these are choices immigrants should have to make. Mark Krikorian, executive director of the Washington-based Center for Immigration Studies, said the lengthy wait times are a symptom of much bigger problems in the country's immigration system.

"There is a deeper policy problem here, which is that we overpromised and underdelivered on legal immigration," said Krikorian, who favors stricter limits on family-based immigration.

"What the advocacy groups are trying to do is fix that system in a way that is beneficial to their constituency group, but it's not solving the problem."

The dilemma has prompted many immigrant parents to urge their adult children to remain single while the lawsuits are pending or until they get green cards. That's because permanent residents cannot apply for their married children to get green cards and must wait to become U.S. citizens to be able to do so.

Teresita Costelo, a 61-year-old cashier in Long Beach, waited 14 years to rejoin her mother and siblings here and does not want her two elder daughters in the Philippines to suffer the same fate.

"I told them, 'Don't marry yet, because I am petitioning you!'" Costelo said. "Just stay single."

Norma Uy, who immigrated to Washington state from the Philippines, waited 23 years for a green card but nearly stayed behind because her two adult daughters could not come with her.

Eventually, she and her husband and their then-19-year-old son packed their bags and arrived in 2005 to start their new lives. The 57-year-old Uy, a trained pediatrician in the Philippines who now works as a nurse, said she encouraged one daughter to come here to study and hopes the other might do the same.

Above all, she wants them to get green cards so they will be able to stay together.

"I know my children will have a better future here," Uy said. "We will have a peaceful life here."

[NickD 203]

USCIS can't seem to decide if a kid is at an adult at 18 or 21, but a parent still looks at them at being kids, all parents do. As a USC, natural born and all that, I could petition for my wife's daughter, under 21, but not her son, tad over 21, still in college. Kids in college by IRS rules are still dependents, no consistency from agency to agency.

Did I ever mention I positively detest agencies? Congress sure in the hell don't know anything about agencies, their rules, no test by the supreme court as to whether they are breaking laws of the US Constitution and they are. With the USCIS, we were all guilty of fraud until we proved ourselves innocent.

We were ill advised that my wife as a LPR could have petitioned for her son instead of waiting three years to become a USC, but as a LPR practically takes that much longer than as a USC according to the current processing dates. If you can even believe those dates. With USCIS delays in our AOS, daughter squeezed over 18 so couldn't tail-gate on my wife's N-400 application. So we have to pay another 600 bucks and wait another couple of years. In dealing with our son, not only the USCIS to deal with, but also the DOS. If any hint exists between these two agencies like between the FBI and the CIA failing to cooperate with 9/11 that could have been avoided and a very bright story with another two agencies failing to cooperate.

I don't have the slightest idea who makes these laws, but apparently with around 20 million illegals in this country, damn laws are not even enforced.

Can only conclude, we have a government that doesn't know their butts from a hole in the ground. But yet we have abide by their laws, average people I have dealt with, with any agency, don't even know their own laws. Just work there for the benefits.

[SuperDuper! 230]

Good points. USCIS makes siblings who petition siblings wait 25 years!

Many die first.

FAIL.

[Danno 1,228]

And what about the Children who are by then married? Are the spouse and (grand) children coming too.

And "why not"... after all don't people have a "right" to come here?

[peejay 327]

And what about the Children who are by then married? Are the spouse and (grand) children coming too.

And "why not"... after all don't people have a "right" to come here?

That is why it is called "Chain Migration."

Everyone that immigrates to the USA (legally & illegally) leaves someone behind.

And lots of people here in the USA (and on VJ) believe that all those left behind all have some sort of inalienable right to come here along with the people they also left behind.

Hence at this rate the USA is heading toward 1/2 a billion+ population in the 21st Century.

To deny any of them is nothing short of racism and just plain being selfish.

20 million amnestied illegal aliens is a drop in the bucket when you consider the compounding that their "Chain Migration" will eventually bring.

Thank you Teddy Kennedy and company for bringing this unsustainable insanity to fruition with the Immigration Act of 1965. Not to mention the 7 illegal alien amnesties since 1986. Talk about stupid legislation that takes on a life of its own. Nothing is as eternal as a government program. Especially one that eventually did what its crafters said it wouldn't do. Oh well...they lied. No surprises there.

[Dakine 26]

It's going to get tougher to immigrate in the near future.

US is already overpopulated.

Last bill that was defeated knocked out petitioning moms and pops. It's just a matter of time before bring in relatives gets a LOT tougher or not at all.

Blame some of it on the Pope. To many people in the world because of the pope wanting more donaters.

[Heracles 417]

And what about the Children who are by then married? Are the spouse and (grand) children coming too.

And "why not"... after all don't people have a "right" to come here?

That is why it is called "Chain Migration."

Everyone that immigrates to the USA (legally & illegally) leaves someone behind.

And lots of people here in the USA (and on VJ) believe that all those left behind all have some sort of inalienable right to come here along with the people they also left behind.

Hence at this rate the USA is heading toward 1/2 a billion+ population in the 21st Century.

To deny any of them is nothing short of racism and just plain being selfish.

20 million amnestied illegal aliens is a drop in the bucket when you consider the compounding that their "Chain Migration" will eventually bring.

Thank you Teddy Kennedy and company for bringing this unsustainable insanity to fruition with the Immigration Act of 1965. Not to mention the 7 illegal alien amnesties since 1986. Talk about stupid legislation that takes on a life of its own. Nothing is as eternal as a government program. Especially one that eventually did what its crafters said it wouldn't do. Oh well...they lied. No surprises there.

Peejay you get it. "Chain Immigration" is something that few comprehend here.

Every other developed country gets what you are pointing out 110%. Also why many have modified their immigration laws; especially when it comes to citizenship by birth. No country has a bottomless pit of money to sustain hundreds of millions of people, without a drop in quality of life; Especially not so many similar unskilled and uneducated workers.

There is no way in the world Canada or Australia would have such a high living standard if they had millions upon millions, a tsunami, of poor uneducated and unskilled labor entering each and every year. Instead the trickle them in on a need be, case by case basis. It also helps the immigrants as they don't have to fight with millions of others for a job and actually have a good and realistic chance of improving their life. Win win for all.

Edited August 28, 2009 by haza

[spookyturtle 9,466]

And what about the Children who are by then married? Are the spouse and (grand) children coming too.

And "why not"... after all don't people have a "right" to come here?

Only Russians.

[Danno 1,228]

It's going to get tougher to immigrate in the near future.

US is already overpopulated.

Last bill that was defeated knocked out petitioning moms and pops. It's just a matter of time before bring in relatives gets a LOT tougher or not at all.

Blame some of it on the Pope. To many people in the world because of the pope wanting more donaters.

Has he been that busy?

Actually, I think you have your blame misplaced.

http://en.wikipedia.org/wiki/List_of_count..._fertility_rate

You can plainly see many countries which are.. or were Full of Catholics are at or near a Death spiral when it comes to population replacement.

You can also see who will be taking their place before long.

Some hispanic/ Catholic countries still have healthy birth rates and Hispanics seem to do even better when they immigrate here

The truth is... had Europe listen to the Pope... it would still have a future.

[Heracles 417]

It's going to get tougher to immigrate in the near future.

US is already overpopulated.

Last bill that was defeated knocked out petitioning moms and pops. It's just a matter of time before bring in relatives gets a LOT tougher or not at all.

Blame some of it on the Pope. To many people in the world because of the pope wanting more donaters.

Has he been that busy?

Actually, I think you have your blame misplaced.

http://en.wikipedia.org/wiki/List_of_count..._fertility_rate

You can plainly see many countries which are.. or were Full of Catholics are at or near a Death spiral when it comes to population replacement.

You can also see who will be taking their place before long.

Some hispanic/ Catholic countries still have healthy birth rates and Hispanics seem to do even better when they immigrate here

The truth is... had Europe listen to the Pope... it would still have a future.

So all of the dirt poor fucks have a high fertility rate. Only to turn around and cry for more aid money. Screw that for a joke.

[Danno 1,228]

And what about the Children who are by then married? Are the spouse and (grand) children coming too.

And "why not"... after all don't people have a "right" to come here?

Only Russians.

Nice try.

It;s reasonable for citizens to immigrate their wife/ husband..... but that does not extend the inlaw family.

Immigration should serve us, and our needs rather than us offering ourselves as a Flop-house to the worlds restless.

Edited August 28, 2009 by Danno

[Ban Hammer 13,400]

And what about the Children who are by then married? Are the spouse and (grand) children coming too.

And "why not"... after all don't people have a "right" to come here?

That is why it is called "Chain Migration."

Everyone that immigrates to the USA (legally & illegally) leaves someone behind.

And lots of people here in the USA (and on VJ) believe that all those left behind all have some sort of inalienable right to come here along with the people they also left behind.

Hence at this rate the USA is heading toward 1/2 a billion+ population in the 21st Century.

To deny any of them is nothing short of racism and just plain being selfish.

20 million amnestied illegal aliens is a drop in the bucket when you consider the compounding that their "Chain Migration" will eventually bring.

Thank you Teddy Kennedy and company for bringing this unsustainable insanity to fruition with the Immigration Act of 1965. Not to mention the 7 illegal alien amnesties since 1986. Talk about stupid legislation that takes on a life of its own. Nothing is as eternal as a government program. Especially one that eventually did what its crafters said it wouldn't do. Oh well...they lied. No surprises there.

[Jamaican JNR 2]

Immigrants fight to bring adult children to US

By AMY TAXIN (AP) – 1 day ago

SANTA ANA, Calif. — Evelyn Santos began her quest for a green card nearly two decades ago, hoping someday she and her family could leave the Philippines and start a better life in the United States.

The opportunity came in 2007, but with a painful caveat: Her two elder sons were now too old to qualify as dependents, so they would have to stay behind.

The mother moved to Northern California with her husband and two younger children, and filed a new round of paperwork hoping to get at least one of her older sons into the country without another decade of waiting.

"I have a joke with my son — am I still alive when you come here?" said Santos, 55, a supermarket clerk who lives in Livermore. "I am always praying somebody can help us in the government so we can bring my kids here."

Immigration attorneys say thousands of immigrants are stuck in a similar situation. In countries such as the Philippines, Mexico and China, relatives of U.S. citizens and residents sometimes wait a decade or two for a family-sponsored green card because of country-based immigration quotas.

Santos is one of several immigrants across the country suing the federal government to try to get their adult children into the country without another lengthy wait.

Under U.S. immigration law, children 21 and older cannot immigrate under their parents' applications for green cards.

Immigration attorneys say a 2002 law aimed at preventing children from "aging out" due to lengthy processing means these grown children should be allowed into the country soon after their parents file new paperwork on their behalf.

But the government argues that many of those who got too old during the wait are now new applicants and must start from the beginning.

"They want them to go from the front of the line, where they almost made it, and go to the back of some other line that may be 10 to 20 years away, said Carl Shusterman, an attorney representing immigrants in one of the lawsuits. "It is like double jeopardy."

Robert Reeves, an immigration attorney who filed a nationwide class-action lawsuit in federal court in Santa Ana, said he believes 20,000 immigrants living in the United States face similar problems bringing their children here.

Roughly a dozen individuals have filed separate lawsuits in California, New York, New Jersey and Ohio, immigration attorneys said. The complaints argue that the 2002 law allows grown children to use the parents' date of application as a starting point.

The government disagrees and says the law only holds for grown children who were sponsored directly for green cards from the very beginning or for those listed on the application of a foreign parent who was sponsored by a legal resident spouse.

The government contends that Congress passed the law to help current U.S. citizens and residents reunite with their families, not to help future immigrants bring their families here.

The plaintiffs argue that the law reads more broadly than that, and should include adult children whose parents had differing forms of sponsorship, including that by siblings.

The country's immigration appeals court recently ruled in favor of the government in a case in which a Chinese man immigrated in 2005 based on an application filed by his sister. The man tried to get a green card for his daughter, who had aged out, and sought to have her application marked with the initial 1992 filing date. But the court ruled the application was new and his daughter would have to wait.

Sharon Rummery, a spokeswoman for U.S. Citizenship and Immigration Services, declined to comment on the dispute.

Immigrant advocates say the government should not require families to wait so long to immigrate together, claiming it discourages legal immigration. Nor should aspiring immigrants be forced to choose between their children and reuniting with their siblings and parents in the United States.

But some argue these are choices immigrants should have to make. Mark Krikorian, executive director of the Washington-based Center for Immigration Studies, said the lengthy wait times are a symptom of much bigger problems in the country's immigration system.

"There is a deeper policy problem here, which is that we overpromised and underdelivered on legal immigration," said Krikorian, who favors stricter limits on family-based immigration.

"What the advocacy groups are trying to do is fix that system in a way that is beneficial to their constituency group, but it's not solving the problem."

The dilemma has prompted many immigrant parents to urge their adult children to remain single while the lawsuits are pending or until they get green cards. That's because permanent residents cannot apply for their married children to get green cards and must wait to become U.S. citizens to be able to do so.

Teresita Costelo, a 61-year-old cashier in Long Beach, waited 14 years to rejoin her mother and siblings here and does not want her two elder daughters in the Philippines to suffer the same fate.

"I told them, 'Don't marry yet, because I am petitioning you!'" Costelo said. "Just stay single."

Norma Uy, who immigrated to Washington state from the Philippines, waited 23 years for a green card but nearly stayed behind because her two adult daughters could not come with her.

Eventually, she and her husband and their then-19-year-old son packed their bags and arrived in 2005 to start their new lives. The 57-year-old Uy, a trained pediatrician in the Philippines who now works as a nurse, said she encouraged one daughter to come here to study and hopes the other might do the same.

Above all, she wants them to get green cards so they will be able to stay together.

"I know my children will have a better future here," Uy said. "We will have a peaceful life here."

Very informative.