An undocumented New York Filipino mother was spared from deportation by the

An undocumented New York Filipino mother was spared from deportation by the federal government and was given time to legalize her status to free her U.S. Army lieutenant husband from worry as he prepares to deploy to Iraq.

Wilma Tenebro, 37, of Long Island, was granted deferred action for one year by the U.S. immigration on July 6, suspending the threat of deportation and offering her new channels to fix her papers – thanks to a new policy by the Obama Administration making it easier for the illegals who are spouses and family members of Americans serving in the military to gain legal status.

The new policy was described in an internal memorandum from U.S. Citizenship and Immigration Services (USCIS).

The memo outlined measures that the agency could take under existing laws to “reduce the threat of removal for certain individuals present in the United States without authorization,” instead of waiting for Congress to pass an immigration overhaul to give legal status to millions of illegal immigrants.

The new policy allows illegal immigrants who are spouses, parents and children of American citizens serving in the military to complete the process of becoming legal residents without having to leave the United States – a procedure that is known in immigration law terms as granting parole.

The memo says agency officials approved the new parole approach “to preserve family unity and address Department of Defense concerns regarding soldier safety and readiness for duty.”

Officials told The New York Times they have applied quietly the new policy for the military since May, on a case-by-case basis, following reports that many thousands of military service members have family members who are illegals.

Under a legal Catch-22 in immigration law, those families could face as much as 10 years of separation if the immigrant relative leaves the United States to pursue a legal visa.

According to Rep. Zoe Lofgren (D-CA), who leads the House subcommittee on immigration, the issue is not only personal but also “of readiness for the American armed forces. We have many Americans who are afraid to deploy.”

“Our situation has kept me at bay because of the constant worry that something might happen to my family while I am away,” said Wilma Tenebro’s husband, Lt. Kenneth Tenebro, who is now stationed at Fort Dix in New Jersey.

Born in the Philippines like his wife, Lt. Tenebro served one tour of duty in Iraq, dodging roadside bombs, and would like to continue serving overseas.

But throughout that first mission, he harbored a fear that his wife, back home in New York with their three-year-old daughter, would be deported.

“That was our fear all the time,” Lt. Tenebro, 35, told The Times. “When I called home, she often cried about it. Like, hey, what’s going to happen? Where will I leave our daughter?”

Lt. Tenebro said he decided to tell his story publicly after lawyers advised his wife that she had little hope of being approved to remain here as a legal resident without a change in immigration law.

Because of the Catch-22 in the law that requires an illegal to stay away for up to 10 years out of the United States, the severe penalty applies to Mrs. Tenebro even though she is the wife of an American citizen who is also an active duty serviceman.

Lt. Tenebro, who was never in the U.S. illegally, was naturalized in 2003.

And like Lt. Tenebro, many soldiers have fought to gain legal status for their family members – only to hit a legal dead end created in 1996, when Congress last made major revisions to the immigration laws. Congress imposed automatic restrictions on illegal immigrants, barring them from returning for periods of three to 10 years after they leave the country, regardless of whether they were deported or left voluntarily.

The Tenebros met one weekend in 2005 while Wilma was on vacation in New York at the end of a job as a housekeeper on a cruise ship.

She did not return to the Philippines, and eventually overstayed her visa and married Lt. Tenebro.

According to The Times, the USCIS gave Mrs. Tenebro approval to become a legal permanent resident, as the spouse of an American citizen.

In general, immigration law is intended to make it easy for foreigners who marry citizens to become legal residents.

But because of the particular visa she overstayed – known as a crewman’s visa – she is required to finish the paperwork for her green card in the Philippines.

So far, the couple has reportedly spent $7,000 in legal fees from a string of lawyers who warned them that once Mrs. Tenebro leaves the United States she will automatically trigger the legal bar that will block her from returning for 10 years.

In rare circumstances of severe hardship, consular officials have the authority to grant waivers allowing spouses to return here more quickly.

But officials in Manila are known among lawyers for being especially reluctant to give waivers, The Times said.

The visa offered in Manila is “like the cheese in a mousetrap. It’s like, hey, come and get it! And then, swat! They’ll get you,” said Lt. Tenebro.

One lawyer after another suggested the same option, he said: “Wait until there is a change in the language of the law.”

Susan Timmons, who runs the military assistance program for the Immigration Lawyers Association, said there was little lawyers could do in such cases.

“If you do try to follow the law, you run into a serious problem and you won’t be able to fix your situation,” Timmons told The Times.

Her program has received hundreds of similar cases from American soldiers, she said.

Lt. Tenebro said he and his wife believed they were following the rules by prolonging their courtship and waiting for several months after their marriage in February 2007 to file for her immigration papers, so it would be clear that their marriage was not fake.

Lofgren and Sen. Robert Menendez (D-NJ) have proposed bills that would make it easier for spouses and close relatives of Americans in the military to become legal residents.

Those bills are included in immigration overhaul legislation, including measures to grant legal status to millions of currently illegal immigrants, that Democratic Congressional leaders are preparing.

But after the furor over the Arizona law, President Barack Obama said he wanted to “begin work” on the overhaul – but not try to pass a bill – this year.

“Millions of individuals come to the U.S. on visas every year and don’t overstay them,” said Rep. Lamar Smith of Texas, the senior Republican on the House Judiciary Committee. “Congress has already provided for remedies in appropriate cases, so there should be no need to change the rules.”

Homeland Security officials said that in the absence of Congressional action, they had been working quietly to fix immigration problems for American soldiers on a case-by-case basis, using limited authorities that already exist in law.

After a preliminary review of the Tenebros’ case in response to a reporter’s questions, USCIS officials said they were working to identify legal alternatives for them.

“Keeping U.S. military families together is a vital priority,” said Matt Chandler, a Homeland Security Department spokesman.

The Obama memo, meanwhile, prompted protests from Republican leaders claiming that the White House was trying an end run around Congress, rather than confronting a divisive debate on immigration legislation during an election season.

The memo, which was first reported on the website of The National Review, a conservative magazine, also describes possible changes to the immigration agency’s interpretation of immigration law, including several that have been recommended by lawmakers from both parties to make it easier for immigrants who are trying to work within the system to gain legal status.

Filipino Reporter, 2010-08-20, English