BARRIERS TO FAMILY REUNIFICATION
In addition to U.S. Citizenship and Immigration Services (USCIS) application processing
delays and backlogs (see Immigration Processing Delays), several other barriers to
family reunification exist. Many of these barriers result from the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (IIRIRA), which explicitly targeted the
undocumented, and by extension, their U.S. citizen and lawful permanent resident
family members. Even spouses and minor children of U.S. citizens and lawful
permanent residents often find themselves barred from permanent residence.
Consequently, families remain separated or become permanently mixed status families.
Unlawful Presence and Three and Ten Year Bars
Certain provisions in IIRIRA fuse with each other to create compound penalties. A
three- and ten-year bar now exists for persons present in the United States who have
accumulated more than 180 days or one year of unlawful presence. These bars apply
to persons who entered the United States without inspection or to persons whose
temporary status expired at any point after entry. Anyone "unlawfully present" in the
United States after April 1, 1997 for more than 180 days is barred from reentering the
country for three years; the bar is ten years for anyone unlawfully present for a year
or more.
The three- and ten-year bars apply to persons seeking permanent residence through
an application at a U.S. consulate, or to those adjusting status in the United States who
left after being unlawfully present. In 1997, Congress ended a special provision of the
Immigration and Nationality Act known as section 245(i). Section 245(i) allowed
applicants who entered the country without inspection to pay a $1,000 penalty and, in
return, to receive permanent residence without leaving the United States. Only those
who began the visa application process prior to April 30, 2001 may continue to take
advantage of the penalty provision and receive permanent resident status in the United
States. Others must depart the United States and obtain their visas through the U.S.
Embassy in their home countries. Their departure triggers the three and ten-year bars.
A waiver of the three- and ten-year bars exists for immigrants who can prove that
their absence from the United States would cause extreme hardship to a U.S. citizen or
lawful permanent resident parent or spouse. No waiver is available based on the
hardship a parent's absence would cause a U.S. citizen or lawful permanent resident
child. Moreover, the waiver is discretionary, and no guarantee exists that those eligible
will receive it. In the past year, CLINIC's affiliates have experienced an increase in
denials of such waivers, and as a result, have witnessed an increase in the number of
divided American families, as well as families with certain members forced to remain in
undocumented status.
Solution
CLINIC's parent agency, the U.S. Conference of Catholic Bishops' (USCCB) Migration
and Refugee Services (MRS), argues that a permanent restoration of 245(i) is crucial
to supporting immigrant families and promoting the goal of family reunification. 1 In
addition, the three- and ten-year bar provisions of IIRIRA should be repealed. Not only
would the permanent restoration of section 245(i) promote family unity, it would also
provide the USCIS with much needed funds to help reduce its adjudications backlog.
Section 245(i) required applicants to pay a $1,000 penalty fee to the USCIS. This
revenue would provide additional funding that USCIS could apply to application
processing functions.
footnote
1. See USCCB policy statement entitled "Restoration of 245(i)" available at
http://www.nccbuscc.org/mrs/issues.htm
In addition to U.S. Citizenship and Immigration Services (USCIS) application processing
delays and backlogs (see Immigration Processing Delays), several other barriers to
family reunification exist. Many of these barriers result from the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (IIRIRA), which explicitly targeted the
undocumented, and by extension, their U.S. citizen and lawful permanent resident
family members. Even spouses and minor children of U.S. citizens and lawful
permanent residents often find themselves barred from permanent residence.
Consequently, families remain separated or become permanently mixed status families.
Unlawful Presence and Three and Ten Year Bars
Certain provisions in IIRIRA fuse with each other to create compound penalties. A
three- and ten-year bar now exists for persons present in the United States who have
accumulated more than 180 days or one year of unlawful presence. These bars apply
to persons who entered the United States without inspection or to persons whose
temporary status expired at any point after entry. Anyone "unlawfully present" in the
United States after April 1, 1997 for more than 180 days is barred from reentering the
country for three years; the bar is ten years for anyone unlawfully present for a year
or more.
The three- and ten-year bars apply to persons seeking permanent residence through
an application at a U.S. consulate, or to those adjusting status in the United States who
left after being unlawfully present. In 1997, Congress ended a special provision of the
Immigration and Nationality Act known as section 245(i). Section 245(i) allowed
applicants who entered the country without inspection to pay a $1,000 penalty and, in
return, to receive permanent residence without leaving the United States. Only those
who began the visa application process prior to April 30, 2001 may continue to take
advantage of the penalty provision and receive permanent resident status in the United
States. Others must depart the United States and obtain their visas through the U.S.
Embassy in their home countries. Their departure triggers the three and ten-year bars.
A waiver of the three- and ten-year bars exists for immigrants who can prove that
their absence from the United States would cause extreme hardship to a U.S. citizen or
lawful permanent resident parent or spouse. No waiver is available based on the
hardship a parent's absence would cause a U.S. citizen or lawful permanent resident
child. Moreover, the waiver is discretionary, and no guarantee exists that those eligible
will receive it. In the past year, CLINIC's affiliates have experienced an increase in
denials of such waivers, and as a result, have witnessed an increase in the number of
divided American families, as well as families with certain members forced to remain in
undocumented status.
Solution
CLINIC's parent agency, the U.S. Conference of Catholic Bishops' (USCCB) Migration
and Refugee Services (MRS), argues that a permanent restoration of 245(i) is crucial
to supporting immigrant families and promoting the goal of family reunification. 1 In
addition, the three- and ten-year bar provisions of IIRIRA should be repealed. Not only
would the permanent restoration of section 245(i) promote family unity, it would also
provide the USCIS with much needed funds to help reduce its adjudications backlog.
Section 245(i) required applicants to pay a $1,000 penalty fee to the USCIS. This
revenue would provide additional funding that USCIS could apply to application
processing functions.
footnote
1. See USCCB policy statement entitled "Restoration of 245(i)" available at
http://www.nccbuscc.org/mrs/issues.htm
415 Michigan Ave., NE
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202.635.2556
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202.635.2649 fax
media inquiries:
e-mail me
(202) 635-5810
Advocacy Topics
Alternatives to Detention
Asylees and Refugees
Asylum-Seekers
Barriers to Family Reunification
Board of Immigration Appeals
Border Enforcement and Immigrant
Deaths
Citizenship
Consular Identification Documents
Detention
Department of Homeland Security
Driver's License Restrictions
Immigration Processing Delays
Indefinite Detention
Legalization
Local Law Enforcement
Mandatory Detention
National Security and Immigration
Unaccompanied Minors
Undocumented Immigrants:
State/Local Initiatives
Video Conferencing
Voter Registration
Alternatives to Detention
Asylees and Refugees
Asylum-Seekers
Barriers to Family Reunification
Board of Immigration Appeals
Border Enforcement and Immigrant
Deaths
Citizenship
Consular Identification Documents
Detention
Department of Homeland Security
Driver's License Restrictions
Immigration Processing Delays
Indefinite Detention
Legalization
Local Law Enforcement
Mandatory Detention
National Security and Immigration
Unaccompanied Minors
Undocumented Immigrants:
State/Local Initiatives
Video Conferencing
Voter Registration
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