Lawmakers step up for widow, son of soldier

A bill moving through Congress is Hotaru Ferschke's only chance of raising her 8-month-old son together with her in-laws in Tennessee.

"If (the bill doesn't pass), I may not get to see my grandson more than maybe two times a year and he will not really ever get to know his daddy," said Robin Ferschke, Hotaru Ferschke's mother-in-law.

Hotaru and her son, Michael "Mikey" Ferschke III, are in immigration limbo because of a 1950s law that doesn't recognize her marriage to Sgt. Michael Ferschke. He was killed in Iraq last year, one month after they got married, The Associated Press reported.

She and Sgt. Ferschke married by signing their names on separate continents after he was deployed, according to the AP. Although she was pregnant when he left, their marriage is not considered consummated by U.S. immigration law because they didn't meet in person again after the wedding.

On July 10, U.S. Rep. John Duncan, R-Tenn., introduced a private bill that would allow Hotaru Ferschke and her baby, who are here on a visitor's visa, to stay.

If the bill doesn't pass, the young mother and her son will have to leave the United States by January.

Their story is featured in one of 10 episodes of "In Their Boots," a documentary about the impact of the Iraq and Afghanistan wars. The national premiere of "Second Battle" will be Thursday in Sgt. Ferschke's hometown of Maryville, Tenn.

"This episode specifically is getting us to rethink our troubled immigration policy and how it doesn't factor in contributions that families are making," said Richard Perez, executive producer of the documentary.

"Part of the reason we are telling this story is to raise public awareness about the situation the family is in," he said. "It's a sad injustice and the more people know about it, perhaps there will be some political will to change the laws that are forcing her out of this country."

Rep. Duncan's bill was referred to a subcommittee of the House Judiciary Committee on July 20. So far no vote has been taken.

"I was happy to introduce this bill to bring relief to the Ferschke family in this very tragic and emotional situation," said Rep. Duncan. "I have been in contact with members of the Judiciary Committee where the bill is being considered, and I am doing everything possible to move this process forward."

The office of Sen. Lamar Alexander, R-Tenn., also has been in regular contact with the family and is working with other members of the Tennessee delegation to help pass the bill, press secretary Jeff Jeffries said.

Getting the bill passed "is absolutely necessary to address our most immediate concern: keeping Hotaru and Mikey in Maryville," said Elias Feghali, program director of Welcoming Tennessee, an organization co-sponsoring the premier.

But, "unless the law is rewritten, other military families will be at risk of going through the same ordeal as the Ferschkes," he said.