U.S. Deports Parents of Dead Soldiers

[one...two...tree 2,762]

By Domenico Maceri, New America Media

Three years after U.S. Army Private Armando Soriano, 20, died fighting in Haditha, Iraq, his father is facing deportation. Soriano is now buried in Houston, Tex., his hometown, where his parents, undocumented workers from Mexico, are currently living.

Before his death Soriano had promised his parents he'd help them get green cards. He only succeeded partially before losing his life. Although his mother was able to obtain a green card, his father did not qualify and is on the verge of being deported.

Enrique Soriano, Armando's father, is not the only person to have lost a son or daughter in the Iraq war and face deportation. There are more than three million people born in the U.S. with parents who came into the country illegally. Those born in the U.S. are automatically citizens and have all the rights and duties enjoyed by Americans. That includes military service with the possibility of losing one's life.

Losing a son or a daughter is always tragic. To try to compensate the families the U.S. government makes efforts to help. In the case of individuals with family members needing immigration help, officials assist them to obtain green cards. That's what happened with Soriano's mother. But in spite of governmental flexibility, certain rules prevent some people from qualifying.

Enrique Soriano had been formally deported in 1999 when he returned to Mexico for a brief visit. That makes him ineligible for any immigration benefits. Enrique Soriano is not alone.

Although exact figures are difficult to come by, many parents with sons and daughters who died in Iraq have been deported.

Official statistics show that more than 68,000 foreign-born military individuals are serving the U.S. How many of these individuals have relatives who do not have a legal right to be in the United States is not known. Figures from the National Center for Immigration Law show that one in 10 U.S. soldiers who have died in Iraq have been immigrants.

One estimate claims that five percent of those serving in the American military are illegal immigrants who joined with false papers. The military does not recruit illegal immigrants. Yet, given the shortages of volunteers, meeting quotas may put pressure to close some eyes. Illegal immigrants may feel that joining the military will help them and their families obtain legal papers in addition to other benefits.

Inevitably, some die in the process. The first soldier to die for the United States in the Iraq war was in fact Marine Lance Cpl. Jose Gutierrez, an illegal immigrant from Guatemala.

Enrique Soriano's case is also complicated by the fact that the rest of his family has a legal right to be in the U.S. His wife has a green card, three of their four kids are U.S. citizens, and another born in Mexico has applied for a green card. If Enrique is deported, the family will have to make the hard choice of going back or separating.

"I think it would be a travesty for these parents to be deported after their son died in Iraq fighting for his country," stated Congressman Gene Green, D-Houston. The congressman introduced a bill in the House, which would help Enrique Soriano obtain a green card. Nothing has happened yet.

Earlier this year President George Bush commuted the sentence of Lewis "Scooter" Libby, Vice President Cheney's former chief of staff. In so doing, the President spared Libby two and a half years in prison for his conviction for lying to federal investigators. The President cited Libby's "exceptional public service" and prior lack of a criminal record as explanation for his action. He concluded that Libby's sentence was "excessive" and the punishment "harsh."

In light of the sacrifice made by Armando Soriano, one wonders whether deporting his father is a far more "excessive" and "harsh" punishment?

Domenico Maceri, Ph.D, teaches foreign languages at Allan Hancock College in Santa Maria, California.

[mawilson 2,133]

Only one way to fix it. Send the parents to Iraq.

[Sand 5]

Only one way to fix it. Send the parents to Iraq.

[Marc and Olga 0]

So much for the 40 years for the anchor babies to be effective, seems only 20...technically 18.

[Marc and Olga 0]

Don't get me wrong this is a tragedy and no parent should ever outlive their child but...

[Caladan 19]

So much for the 40 years for the anchor babies to be effective, seems only 20...technically 18.

How so? If the man wanted a green card, he'd have his wife file for one. Except that he's ineligible. And his 'anchor baby' son didn't get him a green card. If he had, they wouldn't be in this situation, but his son wasn't old enough to file for him. He's not old enough to file for a family-based visa for his mother. either. It's right in the rules on the I-485. There isn't a way around that. I wonder if 'the help' was getting his mother here on a work visa that allowed her to adjust status on her own, because a person younger than eighteen can't sign an I-864 either.

Whether having a son die in the military gives parents a right to stay is rather a separate matter. Let's try to get the causation at least a little bit straight here.

[peejay 327]

This is what happens when you pay criminal human smugglers to break you into the USA like a thief in the middle of the night, pay organized criminal organizations to obtain counterfeit/stolen documents to live/work illegally in the USA, and get notions that having an anchor baby entiles you to automatic permanent residency on demand. Joining the US military does not automatically confer permanent residency on a soldier's relatives either.

How about renaming the story: US Deports Illegal Aliens

[Marc and Olga 0]

So much for the 40 years for the anchor babies to be effective, seems only 20...technically 18.

How so? If the man wanted a green card, he'd have his wife file for one. Except that he's ineligible. And his 'anchor baby' son didn't get him a green card. If he had, they wouldn't be in this situation, but his son wasn't old enough to file for him. He's not old enough to file for a family-based visa for his mother. either. It's right in the rules on the I-485. There isn't a way around that. I wonder if 'the help' was getting his mother here on a work visa that allowed her to adjust status on her own, because a person younger than eighteen can't sign an I-864 either.

Whether having a son die in the military gives parents a right to stay is rather a separate matter. Let's try to get the causation at least a little bit straight here.

Interesting idea, how did the mother obtain any visa without lying to a government offical about previously entering the USA without authorization, kinda hard to deny that when she had a child in the US, isn't it? Same question for her Adjustment though...

So to those of us enduring this process this article should rasie some questions while the general public it is just a tear jerker of a story...

this is just my opinion....

[Caladan 19]

To be honest, I don't think his dying in combat should give his parents the right to permanent residency if they weren't otherwise eligible. (I don't think the widow of the hero has any special status, either.) I don't have a problem with relaxing the rules for parents of military personnel, or fast-tracking them like they do with fiance and spouse visas if there's a deportation order.

Otherwise it's sorting out the worthy and unworthy of visas based on what their sob story is; would they grieve any less if he'd been hit by a car? Would the widow's situation seem deserving of deportation if we discover that he wasn't really a hero?

[Caladan 19]

So much for the 40 years for the anchor babies to be effective, seems only 20...technically 18.

How so? If the man wanted a green card, he'd have his wife file for one. Except that he's ineligible. And his 'anchor baby' son didn't get him a green card. If he had, they wouldn't be in this situation, but his son wasn't old enough to file for him. He's not old enough to file for a family-based visa for his mother. either. It's right in the rules on the I-485. There isn't a way around that. I wonder if 'the help' was getting his mother here on a work visa that allowed her to adjust status on her own, because a person younger than eighteen can't sign an I-864 either.

Whether having a son die in the military gives parents a right to stay is rather a separate matter. Let's try to get the causation at least a little bit straight here.

Interesting idea, how did the mother obtain any visa without lying to a government offical about previously entering the USA without authorization, kinda hard to deny that when she had a child in the US, isn't it? Same question for her Adjustment though...

So to those of us enduring this process this article should rasie some questions while the general public it is just a tear jerker of a story...

this is just my opinion....

If you enter legally and overstay and are the immediate relative of a US citizen, the overstay or illegal work won't be a bar to adjustment of status. So if his mom came here on a tourist visa back in the 80s and just stayed put and wasn't an EWI, he could petition for her... when he's 21. Unless there's a military thing that allows enlisted personnel to petition earlier.

The article isn't very clear, but perhaps he helped arrange for an L-1 for her, which is dual intent, and then she adjusted status on her own. Or the article might be confused between 'legally present' and 'permanent resident.'

[almaty 19]

the soldier gave the ultimate sacrifice..dying for this country..he deserves some respect as does his family..

[Sheriff Uling 3]

the soldier gave the ultimate sacrifice..dying for this country..he deserves some respect as does his family..

Are you suggesting amnesty for the father because of the death of his son in service to this great nation? Conversely, if their son was still alive, would you still be in favor of his undocumented illegal alien parent residing here in the states eventhough he had been already been formally deported making him ineligible for a green card. May God bless their son's soul and no disrespect to his memory and sacrifice for the greater good! Unfortunately, his father is in violation of our immigration laws (which he has already violated) and should therefore be deported IMO. Why and how did he get back into the US? Hmmm! I feel sorry for the mother who may have a difficult choice ahead.

More importantly - This would not be an issue if illegal alien children were not granted citizenship just because there were born in the US. Hello!

Edited September 6, 2007 by Sheriff Uling

[almaty 19]

i am in favor of america ...respecting the fallen..who died in the line of service period

whether than be illegals, citizens from another country (phillipines etc) ..they died ..and are heroes in my book............

i am not making this a pro or con illegals..i am praising a man who is a hero to me....

[Jenn! 918]

i am in favor of america ...respecting the fallen..who died in the line of service period

whether than be illegals, citizens from another country (phillipines etc) ..they died ..and are heroes in my book............

i am not making this a pro or con illegals..i am praising a man who is a hero to me....

[tonyr7 0]

i agree

good enough to fight and die, but not good enough to stay?

and as for the military not taking illegal aliens....can someone explain to me why joining the military was regularly offered to aliens facing deportation as a way to stop proceddings?

It was offered to me while i was in detention on average, once a week