Boy Who Fled Country With Teacher May Get Visa to Return to U.S.

[no name 1]

Ok maybe I'm reading this wrong, but isn't the reason he and his family qualify for this visa is because they are cooperating with the prosecution?

The boy told the AP earlier this week he would be willing to return to the United States to testify against Peterson.

"That's something that we would have to consider as circumstances came up," said Joe Stecher, the U.S. attorney for Nebraska.

Dawson County Attorney Elizabeth Waterman did not immediately return a phone call seeking comment.

Cabrera said a conviction would not be necessary for the boy to qualify for the visa.

"It doesn't matter what the outcome of the case is as long as they cooperate," she said.

According to the information on the U visa...

There are four basic eligibility requirements for U visa interim relief:

The immigrant has suffered substantial physical or mental abuse as a result of having been a victim of certain criminal activity;

The immigrant possesses information concerning that criminal activity;

The immigrant has been helpful, is being helpful, or is likely to be helpful in the investigation or prosecution the criminal activity; and

The criminal activity described violated the laws of the United States or occurred in the United States.

*edit to add bold*

I suppose it could fall under the first category too.

I find it so very wrong that an illegal helps out the local/feds - ALL THE WHILE PRESENT IN AMERICA ILLEGALLY - and they get a visa for it. Well done.

Edited November 12, 2007 by devilette

[Peikko 1,575]

The U visa is to allow for illegal immigrants who are the victims of violent crime to come forward and report the crime. If they were not granted the visa, they wouldn't report the crime as it would result in their own deportation (some obviously do think that this is what should happen, illegals deserve everything they get). It appears as though this visa has been in place since 2000 (at least from the website quoted previously) so not a visa created to fit this particular case.

The only thing that makes this case a crime is because the victim was under the age of legal sexual consent. One can't conveniently ignore that because some of us aren't convinced this is a 'genuine' case. On top of the that incontrovertible fact, how does anyone conclude anything about the reality of the abuse from a few articles they have read? Seems a little unreasonable to me.

It appears as if there are people here who see the granting of legal status as some kind of reward for being a victim of what some seem to think is a bogus crime. Very strange.

[MaRob 0]

I agree she should be prosecuted and go to jail. wether the sex was consensual or not, she broke the law and took advantage of him.

I also think he and his family that are still in the US illegally should be deported back to mexico. How is he even in school?

our schools are already over crowded and now illegals can also enroll ? what paperwork do you have to show to put a kid in school??? since when is a mexican birth certificate accepted?

thats something we need to change. Illegals are a drain on our medical facilities, a drain on our school systems, dont pay taxes or social security and speaking from personal experience, dont carry auto insurance to cover themselves when they cause an accident. we need tougher borders period. i am sure all the low wage jobs that everyone think no one will do when they are gone will be filled by legal US residents. Im sick of hearing how they do jobs no one wants etc. If you're illegal they should deport you regardless of the country you are from. over stay your student visa, you should go. im tired of all the sympathy for people who cant follow the law. and i got news for people, Mexico isnt quite the impoverished country everyone bandies about. they arent ethiopia. go to any major city in mexico and then tell me they all need to come to the US to find work and food. Their major cities are just like our major cities.

Chris

haha

yea right.. go to any food processing plant.. to see usc's only working for 2 weeks and then leaving.. or farm jobs.. cuz the illegals block the usc's and residents of getting those jobs!!

Off topic... but

I think we empower illegal immigration by giving them free education, free healthcare... if a plant wants cheap labor, make them build the plant in Mexico and export their product here. Why do we think that farming requires a lot of cheap labor anymore anyways? Thats what the tractor was invented for... i think it all comes down to being accountable for your choices, on both sides of the fence.

[no name 1]

The U visa is to allow for illegal immigrants who are the victims of violent crime to come forward and report the crime. If they were not granted the visa, they wouldn't report the crime as it would result in their own deportation (some obviously do think that this is what should happen, illegals deserve everything they get). It appears as though this visa has been in place since 2000 (at least from the website quoted previously) so not a visa created to fit this particular case.

The only thing that makes this case a crime is because the victim was under the age of legal sexual consent. One can't conveniently ignore that because some of us aren't convinced this is a 'genuine' case. On top of the that incontrovertible fact, how does anyone conclude anything about the reality of the abuse from a few articles they have read? Seems a little unreasonable to me.

It appears as if there are people here who see the granting of legal status as some kind of reward for being a victim of what some seem to think is a bogus crime. Very strange.

Yet it doesn't actually exist yet....

Although the VTVPA created the U visa five years ago, the actual visa will not be available until the Department of Homeland Security promulgates regulations for issuance for the U visa. In the meantime, "U visa interim relief" allows for deferred action and work authorization. This means that those persons who wish to apply may submit applications for the U visa to the USCIS Vermont Service Center (USCIS VSC). The USCIS should defer action on the alien's current presence in the United States subject to interim review by the USCIS.

Still, controversy over the five-year delay in issuing regulations has arisen in federal courts. A coalition of civil rights organizational plaintiffs and nine individual immigrant plaintiffs filed suit against the Department of Homeland Security (DHS) Secretary Michael Chertoff challenging the USCIS failure to adjudicate U visa applications and issue U visas to eligible immigrant applicants. Despite multiple written requests by the individual plaintiffs, who were victims of crimes listed in the VTVPA and who assisted law enforcement officials in the investigation and the prosecution of the offenders, the Defendants have not responded by providing the requested relief which includes providing the regulations and issuing the U visas. In addition to the relief stated in the suit and in the ignored requests, Plaintiffs' class counsel recommends that new applications should be accompanied by cover letters that state the applicant is prima facie eligible for a U visa and that the applicant requests prompt regulations for the issuance of the U visa with guidelines, the issuance of a U visa while requesting "deferred action" only if the USCIS refuses to issue the U visa.

In response to the lawsuit against Secretary Chertoff, Congresswoman Sheila Jackson Lee (D-TX), who recently proposed major immigration reform legislation to Congress, publicly expressed her shock that the DHS has failed to promulgate regulations for the U visa which took only a couple of months for Congress to debate and implement. The U visa reflects public policy concerns upheld by Congress to provide humanitarian relief to victims of certain crimes and to bring dangerous criminals to justice.

For more information on this lawsuit, please visit the Center for Human Rights and Constitutional Law (CHRCL) website for immigrants' rights at http://www.vocesunidas.org

http://www.visalaw.com/06feb3/2feb306.html

----

How does this affect a minor? Seems he is not eligible for the U visa.....

The other visa created by the act is the U visa, which is available to immigrants who are either victims of or who possess information concerning one of the following forms of criminal activity: rape, torture, trafficking, incest, domestic violence, sexual assault, abusive sexual contact, prostitution, sexual exploitation, female genital mutilation, hostage holding, peonage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment, blackmail, extortion, manslaughter, murder, felonious assault, witness tampering, obstruction of justice, perjury, or attempt, conspiracy, or solicitation to commit one of these offenses. A federal, state, or local official must certify that an investigation or prosecution would be harmed without the assistance of the immigrant or, in the case of a child, the immigrant's parent. Nearly all grounds of inadmissibility may be waived in these cases, and individuals granted U visas may adjust to LPR status three years after they are granted the U visa. There is a limit of 10,000 U visas that may be issued in one year, applicable only to principals and not to dependents.

http://www.nilc.org/immlawpolicy/obtainlpr/oblpr039.htm

Edited November 12, 2007 by devilette

[Sinergy 3]

Dev, shouting loudly doesn't make what you say true. The woman was in a position of power over the boy and the law is quite clear that a boy of 13 isn't capable of the rationale to understand the meaning of this type of relationship.

Either you accept that precept, or you don't, in all cases.

Are you saying that in your opinion a 13 year old boy is capable of making these kinds of decisions so that the law is wrong? Or, are you saying that some 13 year old boys are making these kind of decisions so the law should be changed to accommodate these cases? (bearing in mind, that if you did fudge the law in this way, it would make the prosecution of any adult having sex with a child extremely difficult)

The law is quite clear, if you are under age, you can't make these decisions, period.

I have to say, even at 13 especially now a days, he has every rational understanding that if he had her take him to mexico, and then cried sexual abuse, he would get a free visa back into the USA.

this kid knew what he was doing.

[Peikko 1,575]

The truth is though, that these things are rife with complication. For example, children of illegal immigrants (who may or may not be USC's themselves) are allowed into schools on the premis that the children should not be found guilty of the crimes of their parents. I guess you could try to get that changed, but I don't think that's going to fly with human rights issues.

Free health care is a similar human rights issue.

There are many, many jobs that are labour intensive, even in this day and age. USC's should be the ones that perform them and they should be properly compensated for doing such work. Enforcing labour laws is probably the best way to reduce illegal immigration but be prepared to pay for the implementation of these laws on the large scale to make them effective.

[pedroh 21]

Ok maybe I'm reading this wrong, but isn't the reason he and his family qualify for this visa is because they are cooperating with the prosecution?

The boy told the AP earlier this week he would be willing to return to the United States to testify against Peterson.

"That's something that we would have to consider as circumstances came up," said Joe Stecher, the U.S. attorney for Nebraska.

Dawson County Attorney Elizabeth Waterman did not immediately return a phone call seeking comment.

Cabrera said a conviction would not be necessary for the boy to qualify for the visa.

"It doesn't matter what the outcome of the case is as long as they cooperate," she said.

According to the information on the U visa...

There are four basic eligibility requirements for U visa interim relief:

The immigrant has suffered substantial physical or mental abuse as a result of having been a victim of certain criminal activity;

The immigrant possesses information concerning that criminal activity;

The immigrant has been helpful, is being helpful, or is likely to be helpful in the investigation or prosecution the criminal activity; and

The criminal activity described violated the laws of the United States or occurred in the United States.

*edit to add bold*

I suppose it could fall under the first category too.

I find it so very wrong that an illegal helps out the local/feds - ALL THE WHILE PRESENT IN AMERICA ILLEGALLY - and they get a visa for it. Well done.

where does it say illegals can't help feds? illegals also have rights, and deserve justice, as is just for them to get deported, it's also fair the kid gets justice too

[Peikko 1,575]

Again, your opinion of this, is at best heresay which is no basis to make a decision that has grave consequences on a child's life. These laws are here to protect all children, not just children who you (whoever is making a judgment that this is a case of fraud) feel are deserving of said protection.

[pedroh 21]

Again, your opinion of this, is at best heresay which is no basis to make a decision that has grave consequences on a child's life. These laws are here to protect all children, not just children who you (whoever is making a judgment that this is a case of fraud) feel are deserving of said protection.

obviously illegal kids don't deserve protection

[no name 1]

Again, your opinion of this, is at best heresay which is no basis to make a decision that has grave consequences on a child's life. These laws are here to protect all children, not just children who you (whoever is making a judgment that this is a case of fraud) feel are deserving of said protection.

Opinions are like a**holes, we all got 'em.

PS: My opinion never said this was fraud, BTW. Stop projecting please.

[Peikko 1,575]

That is an impression I am detecting, as well as a somewhat convoluted claim that far be this from an older woman manipulating a child into having sex, this is a case of a 13 year old child (aided and abetted by his family?) of manipulating a teacher into having sex so that they can get legal status in the US.

Opinions are like a**holes, we all got 'em. wink.gif

PS: My opinion never said this was fraud, BTW. Stop projecting please.

Who's projecting? I didn't say you did claim this was fraud, so why do you feel this is aimed at you?

However, your opinion is that this isn't a crime because the sex was consensual, so at some level you do feel that to claim it is a crime is fraudulent.

[Kevin and 10]

She should get prosecuted for her crimes, but no way should he and his family be granted LPR.

[Peikko 1,575]

Why is that so? The objective of the U visa is to ensure that victims of crime come forward and report that crime. This isn't going to happen if the end result is deportation. It may stick in some craws of some, but I guess these are people who believe that illegals deserve everything that happens to them, including being victims of criminal activity.

[Ban Hammer 13,445]

Why is that so? The objective of the U visa is to ensure that victims of crime come forward and report that crime. This isn't going to happen if the end result is deportation. It may stick in some craws of some, but I guess these are people who believe that illegals deserve everything that happens to them, including being victims of criminal activity.

the crime was already reported........

[Fandango 1,439]

meh.. if the boy were a USC everybody would be extradite them now! but since hte kid is an illegal. noone gives a sh!t about him, cuz probly he's lying, he's just in it for the greencard, and all illegals are gonna follow him

pedro, not if the kid was an illegal from jolly ol' england...

or any other caucasian country

LOVE IT!