Mom of KIA Marine appeals for immigration fix - Army News | News from Afghanistan & Iraq - Army Times

Mom of KIA Marine appeals for immigration fix

NASHVILLE, Tenn. — The family of a Marine killed in Iraq is asking for Senate assistance to pass a bill fixing a decades-old immigration law that has prevented his Japanese widow from living in the United States.

The bill, called the Marine Sergeant Michael H. Ferschke, Jr. Memorial Act, passed the House earlier this month without objection. The proposed law would allow for a proxy marriage when the couple is not physically together due to military service.

Robin Ferschke, the Marine's mother who lives in Maryville, spoke with Alabama Sen. Jeff Sessions, the ranking Republican on the Senate Judiciary Committee, on Tuesday in Mobile.

Hotaru Nakama married Sgt. Michael Ferschke by phone in 2008 while he was stationed in Iraq and she was in Japan. He died in combat a month later, but under a 1950s immigration rule, immigration authorities say the couple's marriage was not consummated though she was already pregnant with their child. The family has been pushing for legislation that would allow Hotaru to live permanently in the United States with their 22-month-old son.

The House passed the bill sponsored by Tennessee Rep. John J. Duncan Jr. on Nov. 15, but Sessions' spokesman Stephen Miller said a number of senators were concerned the bill was too broadly written and would remove immigration safeguards that don't apply to the Marine's situation.

"We have been working in tandem with other offices to try and fix the issue by adding language that would ensure the bill specifically applies to military families suffering from the same tragic set of circumstances as Ms. Ferschke," he said in a statement.

Robin said she was ready to protest with signs outside his office on Tuesday, but instead she had an hourlong meeting with Sessions, which she described as productive.

"He said that he believes what we are going through is very sad," she said. "He seemed very sympathetic and he agrees that something needs to be done."

She said that Sessions agreed to work with the bill's supporters on changing the language of the bill and hopefully have the process finished in December.

"I just told him whatever it takes, we just need this to happen," she said.

Jim Jeffries, Tennessee Sen. Lamar Alexander's press secretary, also said Alexander will be working with Sessions and other senators to get the legislation passed this year.

Immigration attorney Brent Renison, who has been advising the Ferschke family, said Sessions' suggestion to change the wording would mean the bill would have to return to the House for approval again.

"For them to suggest that this needs to start all over again and somehow get passed in the House again is quite incredible," he said.

Duncan and Sen. Jim Webb tried to get private bills passed that would only apply to Hotaru Ferschke, but those bills have stalled. Robin Ferchke said she just wants the law changed because she doesn't want any other military families to have to face the same separation her family has faced for the past two years. Hotaru has been approved for temporary visas for visits, but Robin said her son always wanted his wife and son to live in America.

"My son deserves honor and to me this is a dishonor," she said.

Ferschke said she was optimistic after the bill passed the House, but given past setbacks, she's ready to continue fighting for a fix.

"Until I know this is an absolute, I won't be celebrating," she said.