By Kamana Mathur
MathurLaw LLC
It was with great excitement and a little trepidation that Jacintha Mary, her husband Benjamin, and daughters Deepika and Preethi went to the Consulate in Chennai, India 2 ½ years ago to get their visas to come to the United States. Jacintha, a registered nurse, had received a job offer to work in Pittsburgh.
No one in their family had ever been outside the country, and their parents were not happy at the prospect of them going so far away. But Jacintha and Benjamin wanted a better life for their girls – a life they had thus far only read about and seen in films.
Jacintha worked at a medical research center and Benjamin had a government job, but they found it hard to make ends meet. They still could not afford to buy a house or car, or any of the amenities we take for granted here in America. This step of taking a job and moving to a country half-way across the globe would help them provide their children with the opportunities they had always dreamed of. The girls would get a first class education and be able to achieve their true potential. And today was the day they would receive their ‘Green Cards’ to the land of their dreams.
There was just one problem. Benjamin and Jacintha had submitted their passports at the same time in order to get a police clearance from the passport office, as requested in their interview letter. As the clearance needed to be less than six months old, they had been advised not to apply for it until they were called for an
Deepika and Preethi appeal to Obama
interview. Surprisingly, Jacintha got hers the same day, but Benjamin was told they needed to conduct further checks, even though he had a brand new passport and had never had any problems with the law.
Jacintha, Deepika, and Preethi got their ‘Green Cards’ that day. Benjamin was told he could not get his visa until he provided the missing document. The family, minus Benjamin, got on a flight to the U.S. a few months later. Jacintha’s employer was waiting for her to join. Despite their joy at finally getting this opportunity, the young family left for America with a heavy heart – their father was to remain behind. Hopefully, he would join them soon.
However, as fate would have it, the visa number that had been reserved for Benjamin was returned unused at the end of the month – a fact the family had not known. When Benjamin later provided the missing document to the Consulate in Chennai, he was informed that a visa number was no longer available for him. In fact, the “priority date” for his visa had retrogressed from 2005 to 2001, and seemed to keep moving backwards.
The first thought that came to the family was to apply for a temporary visa for Benjamin, so that he could at least come and see his family. Again, our visa policies made that a virtual impossibility. Once listed on an immigrant petition, an individual is presumed to have “immigrant intent” and therefore is not eligible for a “non-immigrant” or temporary visa.
Deepika and Preethi go to bed every night without feeling the warm embrace of their father’s arms. They no longer hear the bedtime stories they would excitedly wait for their father to tell them. The girls have grown, made friends, and are happy to be in America. But they long for the day their father can join them here. Hopefully, that day will come before he becomes a distant memory.
True, Jacintha can quit her job as a critical care nurse at the Children’s Institute, where she cares for children with head and spinal cord injuries, and move back to India. She can pull her children out of school and take them away from their friends and the life they cherish. But would that be a good thing for America?
Certainly not, say her friends and co-workers at the Children’s Institute. Not only would we lose an honest, hardworking nurse filling a critical need caring for our children, it would be a sad reflection on America that we cannot hold on to our talent due to our flawed visa policies.
The time for Immigration Reform is NOW. As a nation of immigrants, it’s time we rewarded those who play by the rules, wait their turn, and come to the United States to work hard for America and Americans.
