Robin Ferschke (right), mother of Sgt. Michael Ferschke, and her daughter-in-law Hotaru Ferschke, stand outside their home in Maryville March 6, 2009. Hotaru is holding her son, Mikey. A 1950s legal standard means U.S. immigration authorities do not recognize Hotaru's marriage, even though the military does.

Summary

The struggle continues for the widow of Marine Sgt. Michael H. Ferschke Jr. who hopes to raise their son in his hometown. Maryville College is premiering a documentary about her immigration saga, and the family hopes it will bring additional attention to their situation.

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Documentary on Marine widow's immigration battle to debut at Maryville College

By Matthew Stewart
of The Daily Times Staff
Originally published: September 18. 2009 3:01AM
Last modified: September 18. 2009 2:04PM

The world premiere of a documentary that features the story of a Maryville Marine widow's struggle to honor her late husband's wish of raising their child in his hometown will be held at Maryville College.

Maryville College's Center for Strong Communities and The Welcoming Tennessee Initiative have partnered together to screen “Second Battle” at 7 p.m. Thursday in Fayerweather Hall's Lawson Auditorium on the Maryville College campus. The 30-minute documentary is about two military spouses facing deportation from the country their husbands proudly served.

“Second Battle” will also be screened Oct. 2 in Los Angeles, which is home to the second military family. The film's official launch will be Oct. 9.

The family of Marine Sgt. Michael H. Ferschke Jr., a 2003 graduate of Maryville High School who was killed in action Aug. 10, 2008 while serving in Iraq, will be in attendance at Maryville College. They have agreed to make themselves available for questions following the film. Refreshments will be served after the program, and the event is free.

The struggle of Sgt. Ferschke's wife, Hotaru Nakama Ferschke, to raise their child Michael H. “Mikey” Ferschke III in Maryville has gained attention in recent months.
The child was born Jan. 9 near Kadena Air Base in Okinawa.

Sgt. Ferschke's death left his widow and infant son, both Japanese citizens, in immigration limbo: A 1950s legal standard meant to curb marriage fraud means U.S. authorities do not recognize the marriage, even though the military does.

Ferschke and his bride had been together in Japan for more than a year, and she was pregnant when he deployed. They married by signing their names on separate continents and did not have a chance to meet again in person after the wedding, which a 57-year-old immigration law requires for the union to be considered consummated.

“She is being denied because they are saying her marriage is not valid because it was not consummated — despite the fact that they have a child together,” said Brent Renison, an immigration lawyer in Oregon who has advised the family.

Robin Ferschke, the mother of Sgt. Ferschke, said the family was approached several months ago by representatives from Brave New Foundation about their interest in participating in a documentary. Filmmakers shot their story in mid-June during the Flag Day weekend, she said.

Struggle continues

Hotaru Ferschke arrived this February on a visitor visa that will expire in January. U.S. Rep. John Duncan introduced a private bill this summer to allow Hotaru to stay in the U.S., which was referred to a subcommittee of the House Judiciary Committee in July.

The bill still has a lot of steps to go through before it passes, said Robin Ferschke. “I'm keeping my fingers crossed. I hope the right thing comes out of this so Hota can raise Mikey here.

“Mikey is the only physical piece of him we have left. When I hold him, I see my son. Hota and I, we both tell each other every day that we couldn't do this without each other,” she said. “My son deserves this, and he would not want me to stop doing this when what they're doing is not right. It's him that gives me the inner strength to continue this.”

The Ferschke family is asking for everyone's support. “Our community has been amazing. The people, support and love we have received is tremendous,” said Robin Ferschke. People still stop by their house to offer them support, she said.

The family would also like to thank the staff members of Duncan and Sen. Lamar Alexander, said Robin Ferschke. “(Blount County) Mayor (Jerry) Cunningham has supported us from the beginning. He helped make some phone calls and has shown us where to go. He supports us and doesn't think this is right.”

A niece in Rhode Island is currently talking to her legislators, and Robin Ferschke said she's also written many letters to Washington officials. “They're all on board and seem to be behind it.”

The family is now hoping to rally enough support to get them over the legislative hump. “Please support us to get this bill passed for my son, his wife and their son,” said Robin Ferschke.

Lawmakers also need to reexamine current immigration laws so other families don't have to endure the same hardships, she said. “Right now it's a private bill for Hota. I believe the law needs to be changed. Many of our soldiers live overseas and this will happen to others. A friend of his married overseas in the same way, but he was fortunate to come back. As we know, some don't come back.

“My son is a hero, and he doesn't deserve this. He deserves them here, because it would honor him,” she said.

Empowering film

Elias Feghali, Welcoming Tennessee Initiative's program coordinator, said he has seen the documentary. “I think it's touching and infuriating at times,” Feghali said. “It seems to go against your values and, in that sense, it's empowering because it identifies a structural problem and shows that the community acknowledges it is wrong. I always feel the system can be reformed to reflect their values. I hope it will bring together people around the issues that families like the Ferschkes are facing all over the country.”