A family's painful split decision

[homesick_american 1]

HA, the 'why' in Girona's son's case was caused purely by administrative delays by USCIS.

He turned 21 before his AOS was adjudicated. But he was 21 before he filed it.

Now they want to deport him.

Simple. Simply stupid.

Simple to you, I guess. I don't get how turning 21 could lead to this.

[LaL 418]

HA, the 'why' in Girona's son's case was caused purely by administrative delays by USCIS.

He turned 21 before his AOS was adjudicated. But he was 21 before he filed it.

Now they want to deport him.

Simple. Simply stupid.

Simple to you, I guess. I don't get how turning 21 could lead to this.

because he is now an adult (21 year cut-off) and not elligible for such benefit. take a look at G's timeline - they filed YEARS ago.

Edited April 30, 2007 by lal_brandow

[rebeccajo 14]

A K1 cannot be over the age of 21 when they adjust status.

[homesick_american 1]

HA, the 'why' in Girona's son's case was caused purely by administrative delays by USCIS.

He turned 21 before his AOS was adjudicated. But he was 21 before he filed it.

Now they want to deport him.

Simple. Simply stupid.

Simple to you, I guess. I don't get how turning 21 could lead to this.

because he is now an adult (21 year cut-off) and not elligible for such benefit. take a look at G's timeline - they filed YEARS ago.

I'd love to, but she does not appear to have one.

A K1 cannot be over the age of 21 when they adjust status.

Eh? How the hell does that work? A K1 is a fiance visa.

[rebeccajo 14]

Oops. K2. I thought I was over all those beers I had this weekend.

[Alex+R 0]

Here is my cookie theory of illegal immigration threads on VJ. If USCIS gave people a cookie for filing legally and said "What a good person you are", people'd feel better about themselves and wouldn't need their two minutes hate.

Feeling the need to stoke the outrage daily? Someone explain it to me. I literally don't get it. Why should I be jealous of an illegal worker? I didn't have to cross a desert or live in poverty, or live with the fear of deportation, or work in a low-paying job, or be a migrant farm worker. I don't have to file a waiver for C. for an overstay, and I don't need a pat on my head and a cookie because I'm doing it legally.

Being unable to feel compassion because you didn't get your cookie and a pat on the head? What the hell is wrong with you? I mean, really, man. You'd probably feel bad for a neighbor's kid if his dad got caught up on tax fraud, or if his mom was an alcoholic or addicted to pills, even if you paid your taxes and didn't drink or use prescription drugs. Probably would even make a casserole if his dad had to go to prison or his mom to rehab. Would you stand on your lawn and yell at your neighbor's kid that YOUR DAD SCREWED UP SO SUFFER, and tell the church ladies who come around to help that they're ENCOURAGING ILLEGAL BEHAVIOR because they're being nice?

You sure as hell feel compassion for people who have to file I-601s for substantial criminal pasts. Why you don't screech "YOU DID SOMETHING BAD NOW SUFFER!!!" I think it's right to feel compassion, and so do you, so... what makes illegals out of bounds for compassion? The fact that you filed a marriage-based visa? The fact that they get in the newspaper and you don't?

The government needs to fix the illegal immigration situation. I think everyone agrees on that. But I don't get why the fact that I filed a K-1 means that I should have extra-special hate dialed up daily.

Whoo, that was cathartic for me. I think it's much easier for people to think of this problem as EVERYONE ELSE v. CRIMINALS. If you think of these people as criminals, you don't need to give them any respect or consideration. Why would you? They're CRIMINALS. (I notice this word is often capitalized. I think even earlier in the thread.) I think labeling them eliminates the need for three-dimensional thinking about the problem. And then everyone gets to feel comfortable in their superiority to those who come here from poorer countries illegally. And also for some reason makes them think they deserve a cookie for doing things legally, and lets them ignore the fact that the illegal immigrant populations don't have an option of coming here legally.

[LaL 418]

I'd love to, but she does not appear to have one.

sorry, its in her "our story" section.

[homesick_american 1]

Whoo, that was cathartic for me. I think it's much easier for people to think of this problem as EVERYONE ELSE v. CRIMINALS. If you think of these people as criminals, you don't need to give them any respect or consideration. Why would you? They're CRIMINALS. (I notice this word is often capitalized. I think even earlier in the thread.) I think labeling them eliminates the need for three-dimensional thinking about the problem.

If you come into this country without being inspected, you have committed a crime. Hence, you are a criminal. If you overstay a visa by 21 YEARS, you have commited a crime. Hence, you are a criminal. There is no gray area in the LA Times story, and let's try to get the thread back on track from the "let's hijack the thread and jump down HA's throat" crowd.

And then everyone gets to feel comfortable in their superiority to those who come here from poorer countries illegally. And also for some reason makes them think they deserve a cookie for doing things legally, and lets them ignore the fact that the illegal immigrant populations don't have an option of coming here legally.

Nobody said anything about wanting a f*cking cookie, and I'd appreciate it if people would stop putting words in my mouth.

I am well aware that many illegals have no option to come to the United States legally. Watch me care. If they can't come, then perhaps they shouldn't. Why should I feel sorry for people who jumped the fence, then protest that they haven't done anything wrong? They HAVE. What...do they think that lawbreaking only counts when it's NOT related to immigration? Also, why should the poor of central/South America become the United States' problem? I'm sorry they're having a hard time, but it is NOT MY PROBLEM. It is the problem of each and every country they came from. I don't want people to think I don't have ANY sympathy for their situation, because I do. However, that does not mean that I think it is OK for there to be 12 million illegal immigrants in the United States. It isn't OK.

And let's leave Girona out of this; this has nothing to do with her and her situation, and I resent people implying that I think her son is a criminal or that he deserves to be deported. I'm furious that people would try to make it look like I said ANYTHING like that.

[Girona40 0]

"And let's leave Girona out of this; this has nothing to do with her and her situation, and I resent people implying that I think her son is a criminal or that he deserves to be deported. I'm furious that people would try to make it look like I said ANYTHING like that."

I know you don't think my son is a criminal and I didn't mean to "sound" as if I was being a b*tch when I said "look at my profile". I was just trying to point out that information about most of us on this board is contained in their profile, somewhere. If you find it easier to ask, that's fine with me.

My reasons for not feeling sympathetic for people who intentionally break the law to enter this country is because there are so many that get "scr*wed" by the system, that have done nothing illegal.

I entered the US, back in 2002, and married my husband who is a USC. He has the patience of a Saint, let me tell you! I entered with my daughter and my son "followed to join" within the one year, as he is entitled to do. When he got here he filed for Adjustment of Status to become a LPR. 10 months later they scheduled his interview - during this time he turned 21. The USCIS caseworker then told us "We have a problem. He is no longer entitled to become a permanent resident because he has to be under 21 to be eligible"! The problem is that they have not been able to show us where in the statute (INA) it says that - because it doesn't! The CSPA was enacted in 2002 to "protect" kids in this position from aging-out by freezing their age at the time of APPLICATION. But the K-2 was not included in the CSPA. We feel this was not an oversight, but that the K-2 didn't need it's protection, since they don't age-out and their age to be considered for benefit is when they file, but the USCIS are saying they don't see it like that.

To add salt to the wound, there are K-2 applicants who didn't file for adjudication until after they turned 21 and they are now LPR's, some even citizens by now. There are others who filed when they were under 21 and didn't get adjudicated until they turned 21, but they get their green cards.

It is a hard pill for me to swallow, when someone who deliberately breaks the law to enter this country is afforded sympathy from the media and congressional representatives, but someone who hasn't done anything wrong is offered no sympathy at all. It's not so much the sympathy itself, but the fact that the sympathy shown actually gets benefits awarded in the end. If nobody is sympathetic to the plight of K-2's in this situation then nothing will be done. The "illegals" will be granted benefit to stay and those that followed all the rules will be deported.

I will leave it here. I am sure everyone is sick of hearing my story. I'll let you all know what happens when the date is fixed for my son's Removal Hearing. We should have a date in the mail any day now.

[Alex+R 0]

without being inspected, you have committed a crime. Hence, you are a criminal. If you overstay a visa by 21 YEARS, you have commited a crime. Hence, you are a criminal. There is no gray area in the LA Times story, and let's try to get the thread back on track from the "let's hijack the thread and jump down HA's throat" crowd.

You sped 5 miles over the speed limit, you're a criminal. You jaywalked, you're a criminal. You did not report your online purchases to pay the sales tax, you're a criminal.

We usually call people "criminals" based on the type of crime, don't we? And we all seem to disagree on just how sinister and evil illegal immigration is compared to other crimes. (Many seem to act as though it's equal to murder or at the very least assault and robbery.) That's another area where things just aren't as cut and dried as you might wish.

[Alex+R 0]

Maybe it is easier to have such a strong opinion on the issue when you don't live in the US. I think over the past 10 years most of us have gotten to know (of) at least one illegal immigrant, at least in the workplace or at a restaurant you frequent.

[LaL 418]

without being inspected, you have committed a crime. Hence, you are a criminal. If you overstay a visa by 21 YEARS, you have commited a crime. Hence, you are a criminal. There is no gray area in the LA Times story, and let's try to get the thread back on track from the "let's hijack the thread and jump down HA's throat" crowd.

You sped 5 miles over the speed limit, you're a criminal. You jaywalked, you're a criminal. You did not report your online purchases to pay the sales tax, you're a criminal.

We usually call people "criminals" based on the type of crime, don't we? And we all seem to disagree on just how sinister and evil illegal immigration is compared to other crimes. (Many seem to act as though it's equal to murder or at the very least assault and robbery.) That's another area where things just aren't as cut and dried as you might wish.

being in this country illegally is NOT a criminal offense, its a civil offense which by definition is "an infraction of a law that is not a crime."

Edited April 30, 2007 by lal_brandow

[kitkat1 5]

I don't feel sympathy for people who knowingly break the law, no. Why should I?

Without knowing the backstory in an individual case, how can you make such a blanket statement? I don't need anyone's sympathy - but consider this - if my fiance overstayed his tourist visa (a violation of his visa resulting in the need for a waiver) because I was deathly ill and he couldn't leave me, would you still have no sympathy?

I think that's the point here. Each case is not cut and dry. Each case involves real human lives. There are a variety of reasons these things happen so it seems rather strange to generalize this way.

(and I agree with Alex - "Maybe it is easier to have such a strong opinion on the issue when you don't live in the US. I think over the past 10 years most of us have gotten to know (of) at least one illegal immigrant, at least in the workplace or at a restaurant you frequent". When you know people and understand their circumstances and struggles, it's only human to feel some sympathy for the choices they felt forced to make)

Edited April 30, 2007 by kitkat1

[tom&tata 2]

Maybe it is easier to have such a strong opinion on the issue when you don't live in the US. I think over the past 10 years most of us have gotten to know (of) at least one illegal immigrant, at least in the workplace or at a restaurant you frequent.

Or maybe not. My husband, my father in law are both against it. The only one I know who agrees with this illegal immigration in his family are his sister (who is married to an illegal alien here EWI) and one of his cousin (whose fiance is another EWI).

[Girona40 0]

The real cost of illegal immigration

I just had to share this - I thought it was funny!