Understanding Immigration Law

May 18 - KGO (KGO) -- Jacqueline Coats arrived in the U.S. five years ago as a foreign student at City College and San Jose State. A foreign student must take a certain amount of course credits to keep the student visa. She failed to maintain that course load and violated terms of her visa.

The immigration department, now known as ICE (Immigration and Customs Enforcement) placed her in deportation hearings. Two years ago, Jacqueline and Marlin were married. Marlin Coats began filling out the papers for her permanent residency but as reported on ABC7 News at 6, those papers were never filed until after his death.

Their attorney, Thip Ark, upon learning of his death, quickly filed the paperwork with immigration on May 16th, two days after his death. Ark admits that the filing was too late and there's only a slight chance the immigration judge who is hearing Jacqueline's case will consider it in her next court hearing in August.

Had Marlin Coats lived and the papers filed, Jacqueline would have stood a chance to eventually gain her residency, that is, if she successfully fought the original deportation proceedings arising from her student visa case. The process would have been as follows:

Foreign nationals who marry American citizens do not automatically gain citizenship, contrary to widespread belief. First, they get what' called conditional residency, which lasts for two years. The reason for that is to discourage fraudulent marriages, ie. A foreign national getting married just for citizenship status. After the two years, an immigration official will review the applicant's record to see if he or she is eligible for permanent residency. If so, it's granted at that time.

The exception to the above would be if a foreign national was in a violent abusive relationship with her American citizen husband. If they divorce, the law permits that applicant to continue proceedings to stay in the U.S. regardless of their legal separation.

There is one interesting development which may help Jacqueline Coats in her legal quest to stay in the U.S. The 9th Circuit Court of Appeals recently ruled that a foreign national in Portland whose American partner died in an automobile accident could stay in the U.S. and that her application for permanent residency was still valid.

But at this juncture, as attorney Thip Ark said, the only way for Jacqueline Coats to stay, would be a private Congressional bill.

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