Snafu (lawyer caused) will send 11 year old to Poland while parents remain in US

[Kathryn41 3,205]

Snafu will send Forsyth girl, 11, back to Poland while parents remain in US

By RHONDA COOK

The Atlanta Journal-Constitution

Wednesday, June 10, 2009

Ewelina Bledniak was born in Poland 11 years ago but all she's ever known is Forsyth County.

But next month, unless an immigration judge rules otherwise, the rising-middle schooler will have to move to the country where she was born but doesn't remember and live there a year before she can come back to the United States and her parents.

A deadline was missed, her parents say.

So the girl was told she must leave the United States for a year and then she can restart the application process to become a permanent resident and apply to become an American citizen. For that year, Ewelina will live with her maternal grandparents in a two-bedroom apartment in Warsaw, a home life very different from the one she has in a three-bedroom ranch with a yet-to-be finished basement that eventually will add two to three more bedrooms.

The Bledniaks have tickets to fly out of Atlanta to Warsaw, with Ewelina, on July 20 unless the family can rectify the problem.

But both parents say that is unlikely because the green card application process to become a permanent resident takes years. Agnes Bledniak said it took six years to get approval for her green card, and her application for citizenship is pending.

The problem was discovered in 2000 when mother and daughter went for an interview under the assumption both of their applications had been properly submitted. While the mother's paperwork was proper, their daughter's had not arrived and she was by then ineligible for a green card. The deadline had passed. Ewelina would have to start the process over, which they did.

In March, an administrative law judge with U.S. Citizenship and Immigration Services told the Bledniaks their time was up and a deadline was set for the girl to leave the country; they must report to the U.S. Embassy in Warsaw by July 23 or the girl will be deported.

Agnes Bledniak said Tuesday the entire family will go to Poland next month but her husband has to return three weeks later to tend to his business. They also have a mortgage that both parents work to pay.

Agnes Bledniak, a waitress, will stay with her daughter in Warsaw until Sept. 7. "If she wants me to stay, I'll stay longer," the mother said. But she would have to get a "reentry permit" if she stays out of the country more than a year and her absence could jeopardize her effort to become a citizen.

"It's just taking apart the whole family," Agnes Bledniak said in an interview while watching Ewelina swim in the neighborhood pool.

Bill Wright, a spokesman for the immigration service, said the agency was aware of the Bledniak's case.

"We are sympathetic in cases such as these," Wright said. "While I can't go into specifics, I can say that we are looking into all details of this case and we look forward to working with the family to explore all possible remedies."

In the meanwhile, the parents are trying to prepare their daughter.

"We talked to her about what's going on," said Hubert Bledniak, 34. "It's very tough with her. She doesn't speak Polish. She's not fluent. She doesn't remember anyone in Poland except my mother-in-law. She doesn't remember anything about Poland. All she knows is here."

Agnes Bledniak, 30, said she and her daughter started the citizenship process in 2002 and the father became a citizen four years ago. The mother and daughter found out two years ago that Ewelina's paperwork had not been filed on time by their lawyer at that time.

"We thought everything was in the process," Agnes Bledniak said. "We were sending papers. They got our checks."

The girl will put off ballet and friends and leave her dog, Sadie. Ewelina's 53-year-old grandmother has been in Cumming preparing her for Poland and trying to teach her some of the language.

Agnes Bledniak said her daughter's emotions are mixed.

"She's excited about going to Poland," Agnes Bledniak said. "She will see her whole family. But when we get to Poland it will hit her… She doesn't want to leave her friends. We'll be back. But the separation [will be] horrific."

http://www.ajc.com/metro/content/metro/sto...age_tab_newstab

Edited June 11, 2009 by Kathryn41

[JeremyR 8]

My wife just sent me this, not surprised to find it's up on VJ already

Will she really be deported or is the judge likely to intervene to keep the family together (on the grounds of humanitarian need/hardship/etc)???

You've got to wonder why the lawyer didn't submit both related applications simultaneously and in the same envelope?

Edited June 11, 2009 by JeremyR

[wannabe_texan 0]

I don't understand why she isn't a citizen already if the father has been a citizen for 4 years? Does this imply he's not the natural father? If not, couldn't he adopt her?

Anyway, its a pretty awful situation to be in... good luck to them...

[JERIII 8]

I don't understand why she isn't a citizen already if the father has been a citizen for 4 years? Does this imply he's not the natural father? If not, couldn't he adopt her?

Anyway, its a pretty awful situation to be in... good luck to them...

Indeed, an awful mess..

To answer, maybe, your question, a child becomes a Citizen via a parent Citizen ONLY if the child has a green card. It sounds like she doesn't have one.

[JeremyR 8]

I wonder if she had to leave or not. I couldn't find any follow up story in the AJC...