Tuesday, December 28, 2010

Original Article by: Knoxville News Sentinel

Recent News on a new family law in Tennesse.

A Japanese widow's long legal battle to move permanently to East Tennessee with the toddler she bore with a fallen U.S. Marine is over.

President Barack Obama signed a bill into law on Wednesday that grants permanent residency status to Hotaru "Hota" Ferschke, the wife of Marine Sgt. Michael Ferschke, a Maryville Tennessee soldier who was killed in Iraq.

Tennessee Family Law Case

"What a beautiful Christmas present," said Sgt. Ferschke's mother, Robin Ferschke. "The right thing has been done."

Robin Ferschke said her daughter-in-law is ecstatic about the news.

"She was so discouraged, and now, she's like, 'Wow!' " she said. "I know she's very happy."

Hota Ferschke has been trying to fulfill her husband's wishes and raise their 22-month-old, Mikey, in East Tennessee. But a quirk in federal immigration law prevented her from moving to the United States.

Hota and Sgt. Ferschke met while he was stationed in Okinawa, Japan, and they dated for more than a year. Shortly before his death, Hota discovered she was pregnant. The couple married over the telephone - he was in Iraq, she was in Japan.

They never saw each other again. Sgt. Ferschke was killed on Aug. 10, 2008.

After his death, Hota Ferschke was not allowed to move to the United States because their marriage was not recognized under a Cold War-era immigration law. The law dictates that a marriage must be consummated after the wedding before a non-American could gain permanent residency status.

Frustrated, Hota's mother-in-law made her dilemma public, and U.S. Rep. John J. Duncan Jr., R-Knoxville TN, and others in Congress intervened. Congress last week took the extraordinary step of passing a narrow bill that granted Hota Ferschke permanent residency.

Now that Obama has signed the measure into law, Hota can begin filing her immigration paperwork and looking for a job, Robin Ferschke said.

"I know my son is very, very proud," she said. If you have questions regarding family law in the state of Tennessee contact the top Nashville divorce lawyer

© 2010, Knoxville News Sentinel Co.

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