New York City Council Header
File #: Res 0760-2011    Version: * Name: Amend the Immigration and Nationality Act (H.R. 398)
Type: Resolution Status: Filed
Committee: Committee on Immigration
On agenda: 4/6/2011
Enactment date: Law number:
Title: Resolution calling upon the 112th Congress to pass, and the President to sign, H.R. 398 which would amend the Immigration and Nationality Act to suspend the filing period for removing conditional immigration status for individuals in active duty service outside of the United States.
Sponsors: Daniel Dromm , Charles Barron, Gale A. Brewer, Fernando Cabrera , Margaret S. Chin, Leroy G. Comrie, Jr., Inez E. Dickens, Mathieu Eugene, Lewis A. Fidler, Letitia James, G. Oliver Koppell, Brad S. Lander, Rosie Mendez, Annabel Palma, James G. Van Bramer, Jumaane D. Williams, Melissa Mark-Viverito
Council Member Sponsors: 17
Res. No. 760
 
Resolution calling upon the 112th Congress to pass, and the President to sign, H.R. 398 which would amend the Immigration and Nationality Act to suspend the filing period for removing conditional immigration status for individuals in active duty service outside of the United States.
 
 
By Council Members Dromm, Barron, Brewer, Cabrera, Chin, Comrie, Dickens, Eugene, Fidler, James, Koppell, Lander, Mendez, Palma, Van Bramer, Williams and Mark-Viverito  
Whereas, Thousands of military service members have close relatives who are illegal immigrants; and   
Whereas, U.S. Citizenship & Immigration Services (USCIS) states that when a non-citizen becomes a lawful permanent resident through marriage to a U.S. citizen, conditions are placed on the residency status if the marriage is less than two years old at the time of the non-citizen's entry to the United States; and   
Whereas, USCIS requires that following the marriage, the U.S. citizen must petition for legal immigration status and file an application of conditional permanent residence on behalf of the non-citizen spouse; and   
Whereas, Ninety days before the second anniversary of the non-citizen spouse's  grant of conditional permanent residence status, the couple must apply together to remove the condition on the residence status; and   
Whereas, Permanent residence status is approved after the couple has successfully completed an interview process showing their marriage is in good faith and not fraudulent; and   
Whereas, Meeting the requirements mentioned above can be impossible if the non-citizen's spouse is in active-duty services outside of the United States; and   
Whereas, Failing to pursue permanent residence status could result in deportation for the non-citizen spouse, years of separation for family members, and exposure to extreme economic and emotional hardship; and      
Whereas, According to the Department of Defense,  approximately  29,000 non-citizens serve in the Armed Forces; about 8,000 legal permanent residents enlist in the Armed Forces every year and, since 2001, nearly 43,000 members of the Armed Forces have become U.S. citizens while in service; and
Whereas, The men and women defending this great country have a huge task on their hands and must be focused on the important jobs they are doing; and   
Whereas, Active duty soldiers with close relatives who do not have legal immigration status should be provided with some relief; and   
Whereas, Allowing military families more time to file for the removal of conditional immigration status will alleviate the fear of being deported and preserve family unity for all active-duty soldiers; now, therefore, be it
Resolved, That the Council of the City of New York calls upon the 112th Congress to pass,  and the President to sign, H.R. 398 which would amend the Immigration and Nationality Act to suspend the filing period for removing conditional immigration status for individuals in active duty service outside of the United States.
 
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JSM
2/25/2011
LS# 2079