>>> GOOD EVENING AND WELCOME TO "THE STATE WE'RE IN,"
"CONNECTING POINT"'S WEEKLY LOOK AT POLITICS.
I'M CARRIE SALDO.
IMMIGRATION AND THE LAWS THAT GOVERN IT IS OFTEN A HOT BUTTON
ISSUE.
AND THAT'S BEEN THE CASE IN OUR REGION IN RECENT WEEKS WITH TWO
WOMEN, FEARING DEPORTATION, ENTERING SANCTUARY AT CHURCHES
IN SPRINGFIELD AND NORTHAMPTON.
THE MAYORS OF THESE CITIES HAD TWO VERY DIFFERENT RESPONSES TO
THE ISSUE.
>> STILL RULES AND LAWS AND REGULATIONS THAT ARE BROKEN, AND
I JUST GO BACK TO LEGAL IMMIGRATION.
>> MEANWHILE, NORTHAMPTON MAYOR DAVID NARKEWICZ SAID HE
SUPPORTED THE MOVE AND WOULD NOT INTERFERE.
BOTH WOMEN, ONE FROM PERU THE OTHER FROM RUSSIA, ARE MARRIED
TO AMERICANS AND HAVE U.S. BORN CHILDREN.
AND THAT'S HAD PEOPLE REACHING OUT TO US WITH QUESTIONS ABOUT
WHY THEY COULD BE DEPORTED AT ALL.
I SAT DOWN WITH ATTORNEY MEGAN KLUDT TO TAKE THE POLITICS OUT
OF THIS ISSUE AND LEARN SOME OF THE INS AND OUTS OF IMMIGRATION
LAW.
>> TO BECOME A FULL-FLEDGED CITIZEN THE PRERECOGNIZE WHICH
IS IT IS TO GET LAWFUL PERMANENT RESIDENCE STATUS, SO I THINK
THERE'S CONFUSION AROUND.
THAT ONCE YOU HAVE LAWFUL
PERMANENT -- THAT'S A GREEN CARD.
THAT GETTINGS YOU MOST OF THE RIGHTS THAT CITIZENS HAVE.
YOU CAN'T LEAVE THE COUNTRY FOR TOO LONG OR THEY'LL TAKE IT A
WAY, SO YOU'VE ABANDONED IT.
CERTAIN CRIMES WILL STILL GET YOU DEPORTED.
YOU CAN'T VOTE, OBVIOUSLY.
BUT IT'S AN IMPORTANT STEP AND SOME PEOPLE KEEP THEY'LL WAY
FOREVER.
YOU DON'T HAVE TO BECOME A CITIZEN.
YOU HAVE A GREEN CARD FOR FIVE YEARS, THEN YOU CAN BECOME A
CITIZEN IF YOU MEET CERTAIN CRY TIER YEAH, HAVE GOOD MORAL
CHARACTER, THINGS LIKE THAT.
SOME PEOPLE VONL TO WAIT THREE YEARS IF YOU'RE MARRIED TO A
U.S. CITIZEN.
I'M MEETING, ESPECIALLY AFTER LAST YEAR, A LOT OF PEOPLE ARE
COMING TO ME WANTING TO GET CITIZENSHIP AFTER 20 OR 30
YEARS.
>> ANY REASON THEY'RE TAKING THAT STEP?
>> ONE IS THEY WANT TO VOTE, AND ANOTHER REASON IS THEY'RE
AFRAID.
SO THEY'VE HAD GREEN CARDS, THEY'VE BEEN ABLE TO
WORK, THEY'VE HAD NO RESTRICTIONS ON TRAVEL OR WORK,
BUT NOW THEY'RE AFRAID THAT HAVING A GROWN CARD IS NOT
ENOUGH AND THEY WANT TO TAKE THE NEXT STEP TO CITIZENSHIP.
>> IN THE PAST FEW WEEKS WHEN WE'VE SEEN TWO WOMEN GO INTO
SANCTUARY CHURCHES IN THIS AREA, THERE HAVE BEEN A LOT QUESTIONS,
BECAUSE EACH OF THESE WOMEN IS MARRIED TO A UNITED STATES
CITIZEN.
AND I'VE HAD PEOPLE CALL ME AND SAY, WELL, DOESN'T THAT
AUTOMATICALLY MAKE THEM A CITIZEN OF THIS COUNTRY?
BUT IT DOESN'T, RIGHT?
>> IT ABSOLUTELY DOES NOT.
JUST LIKE ANYONE ELSE, THEY FIRST HAVE TO APPLY FOR A GREEN
CARD, THEY HAVE TO APPLY FOR LAWFUL PERMANENT RESIDENCE.
NOT EVERYONE IS ELIGIBLE TO DO THAT.
IF THEY'RE IN A LAWFUL STATUS FIRST, YES, THEY CAN MARRY A
U.S. CITIZEN AND GO THROUGH THAT PETITION PROCESS, IT TAKES SIX
MONTHS TO A YEAR, THERE'S AN INTERVIEW WITH OFFICERS.
BUT IF THEY ARE NOT IN LAWFUL STATUS, OKAY IF THEY CAME IN
LEGAL BY BUT NAY OVERSTAYED THEIR VISA, THEY CAN STILL DO IT
IF IT'S MARRIAGE TO A U.S. CITIZEN.
NOT OTHER FAMILY CATEGORIES, BUT MARRIAGE TO A U.S. CITIZEN.
HOWEVER, IF SOMEONE CAME IN WITH NO PAPERS, THEY ARE ACTUALLY NOT
ELIGIBLE TO ADJUST THEIR STATUS TO A GREEN CARD HOLDER THROUGH
MARRIAGE TO A U.S. CITIZEN.
>> SO WOULD THEY THEN NEED TO LEAVE THE COUNTRY AND START THE
PROCESS OVER?
>> THAT'S A GOOD QUESTION.
YES, THEY WOULD HAVE TO LEAVE THE COUNTRY AND START OVER,
HOWEVER THERE'S A PROBLEM THERE BECAUSE AS SOON AS THEY LEAVE
THE COUNTRY, IF THEY'VE BEEN UNLAWFULLY PRESENT FOR MORE THAN
A YEAR THEY HAVE A 10-YEAR BAR ONCOMING BACK AGAIN.
>> SO THAT BECOMES REALLY PROBLEMATIC.
YOU'VE BEEN LIVING HERE, HAVE A LIFE WITH KIDS.
>> ABSOLUTELY.
THAT LAW WAS ENACTED IN 1997, WENT INTO EFFECT IN '97, SO IT
CREATED A REAL BOTTLE NECK BECAUSE A LOT OF FOREIGN
NATIONALS WHO HAD NO PAPERS WERE MARRIED TO U.S. CITIZENS, BUT AS
SOON AS THEY TALKED TO AN IMMIGRATION LAWYER THEY REALIZE
THEY HAD NO CHOICE, THEY'RE STUCK.
IF THEY GO BACK THEY RISK BEING STUCK FOR 10 YEARS.
IS THERE A WAIVE PROCEDURE SAYS BUT YOU HAVE TO SHOW EXTREME
HARDSHIP ON THE U.S. CITIZEN.
PRESIDENT OBAMA MADE THIS A LITTLE EASIER, BECAUSE HE
EXPANDED THE PROCESS.
SO YOU CAN APPLY FOR A WAIVER BEFORE YOU GO HOME TO START THAT
PROCESS.
SO IF YOU'RE MARRIED TO A U.S. CITIZEN, YOU CAN ASK
THE GOVERNMENT FOR A SPECIAL PASS FROM THAT 10-YEAR BAR AND
THEY'LL TELL YOU BEFORE YOU LEAVE IF YOU'RE GOING TO GET IT.
BUT ANOTHER COMMON MISCONCEPTION I SEE A LOT IS THE U.S. CITIZEN
CHILD.
HAVING A U.S. CITIZEN CHILD DOES NOT PROTECT YOU NECESSARILY.
YOU CAN BE DEPORTED WITH U.S. CITIZEN CHILDREN, I'VE SEEN MANY
PEOPLE DEPORTED IN THE PAST YEAR WITH FIVE U.S. CITIZEN CHILDREN.
I. DOESN'T GET YOU ANY IMMEDIATE BENEFITS IN MOST CASES.
IF YOU CAN HANG OUT UNTIL THAT U.S. CITIZEN IS 21 YEARS OLD,
THEY MIGHT BE ABLE TO PETITION FOR YOU AS AN ADULT, MAYBE.
BUT AGAIN YOU'D HAVE TO HAVE THAT LAWFUL ENTRY AT SOME POINT.
>> LET'S LOOK A LITTLE MORE AT PROCESS.
IN TERMS OF ACTUALLY WANTING TO FILE FOR CITIZENSHIP, AS I
UNDERSTAND IT, IT'S A FORM, AND ARE THERE 76 BOXES THAT YOU NEED
TO BE ABLE TO CHECK?
AND CONFIRM?
>> IT'S ALL SECURITY QUESTIONS.
GREEN CARD APPLICATION FORM HAS THIS, TOO, LOTS OF PEOPLE WERE
NAZIS IN GERMANY IN WORLD WAR II, WE ASK PEOPLE ABOUT
TERRORIST ACTIVITIES, ABOUT ANY KIND OF CRIMINAL ACTIVITY.
A LOT OF QUESTIONS ABOUT PRIOR IMMIGRATION APPLICATIONS.
THEY'RE LOOKING FOR A HISTORY OF FRAUD, HISTORY OF CRIME.
THEY ARE REALLY VETTING YOU, IT'S THEIR LAST CHANCE TO CATCH
YOU AT THE CITIZENSHIP STAGE.
>> I KNOW YOU WORK A LOT WITH THIS ISSUE WITH PEOPLE WHO ARE
INTERESTED IN EITHER GETTING GREEN CARD OR TAKING A PATH TO
CITIZENSHIP.
WHAT'S THE MOST COMMON REASON THAT YOU FIND PEOPLE ARE DENIED?
>> WHAT WE'RE SEEING WITH A LOT OF PEOPLE NOW IS THEY ACTUALLY
ALREADY HAVE DEPORTATION ORDERS FROM AN IMMIGRATION JUDGE.
SO IF YOU COME HERE, YOU ARE UNLAWFULLY PRESENT, I.C.E.
FINDS YOU, THAT'S THE IMMIGRATION
POLICE, THEY FIND YOU AND SAY YOU'RE NOT HERE LEGALLY.
SO IF I'M A FOREIGN NATIONAL, VERY NO
STATUS, I'M HERE FOR 10 YEARS WITHOUT STATUS, I.C.E.
CATCHES ME.
I'M NOT GOING TO GET DEPORTED, I'M GOING TO BE GIVEN A DATE TO
APPEAR IN A COURT IN BOSTON IF WE'RE IN MASSACHUSETTS.
AND THEN AN IMMIGRATION JUDGE WILL HEAR THE CASE AND IT MAY
TAKE THREE OR FOUR YEARS TO GET A FINAL HEARING BEFORE THAT
JUDGE.
BUT ONCE YOU GET THROUGH THE (IF THE JUDGE ORDERED YOU DEPORTED,
YOU CAN APPEAL IT ONCE, BUT AFTER THAT IF YOU HAVE A
DEPORTATION ORDER IS VERY HARD TO DO ANYTHING ELSE AFTER THAT.
BECAUSE YOU HAVE A DEPORTATION ORDER, LIKE I HAVE CLIENTS THAT
HAD THEIR DAUGHTER IS A U.S. CITIZEN, SHE'S 21, BUT THEY HAVE
DEPORTATION ORDERS FROM 10 YEARS AGO.
SO EVEN THOUGH SHE'S A THEY ABSOLUTELY CANNOT DO IT,
UNLESS WE CAN CONVINCE A JUDGE TO REOPEN THEIR CASE AND GIVE
THEM A SECOND CHANCE IN THE COURT.
>> I WANT TO ASK YOU ABOUT THIS CONCEPT OF GOOD MORAL STANDING.
I NOTICE ON THE HOMELAND SECURITY WEBSITE, IT SAYS BE A
PERSON OF GOOD MORAL CHARACTER ATTACHED TO THE PRINCIPLES OF
THE CONSTITUTION OF THE UNITED STATES AND WELL DISPOSED TO GOOD
ORDER AND HAVENNESS OF THE UNITED STATES DURING ALL
RELEVANT PERIODS UNDER LAW.
HOW IS THAT EVEN DETERMINED?
>> MOST IMPORTANT FACTOR IS THEIR CRIMINAL RECORD.
THEY WANT TO SEE THAT -- IT DOESN'T TAKE MUCH OF A CRIME
FOR THEM TO DECIDE THAT YOU DO NOT HAVE GOOD MORAL CHARACTER
DURING THE PERIOD.
SO A LOT OF PEOPLE COME TO US, SAY CAN I APPLY FOR CITIZENSHIP?
I SAY WHY DON'T YOU BE ON GOOD BEHAVIOR FOR THREE YEARS, THEN
WE'LL TRY AGAIN.
OTHER THAN THAT, THEY DO WANT TO SEE YOU PAYING YOUR TAXES, THAT
CAN BE AN ISSUE IF YOU OWE TAXES, IF YOU OWE CHILD SUPPORT,
THEY CARE ABOUT THAT A LOT.
BUT FOR THE MOST PART, IF THERE'S NO BLACK MARK, THEN THE
DEFAULT ASSUMPTION IS THAT YOU ARE A PERSON OF GOOD MORAL
CHARACTER, YOU DON'T HAVE TO BRING LETTER OTHERS WORK WITH
COMMUNITY SERVICE OR ANYTHING LIKE THAT.
BUT IF YOU DO HAVE A CRIME, THOSE THINGS MIGHT HELP BALANCE
IT OUT.
>> IT'S A COMPLEX ISSUE, I APPRECIATE YOU TAKING SOME TIME
TO HELP US UNDERSTAND IT.
>> THANK YOU FOR HAVING ME.
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