Another seemingly injustice in the system

[Mr. Big Dog 10,747]

Its called common sense

Government agencies are not in the business of practicing common sense, they are in the business of carrying out the law as directed. Common sense - especially in immigration matters - is where the courts come in. Your anger is misdirected here. It's really not that hard to understand.

[Trumplestiltskin 5,791]

I think this kind of thing illustrates the difference between what is legal and what is fair.

The woman was illegal - that isn't really in doubt - but the illegal entry took place when she was a child, and as such was out of any reasonable control. She has since tried to "legalise" herself with an LPR application based on a legitimate marriage, but has been deported on the basis of an asylum application that she didn't even file.

Hard to see what else she could have reasonably done.

[Mr. Big Dog 10,747]

I think this kind of thing illustrates the difference between what is legal and what is fair.

The woman was illegal - that isn't really in doubt - but the illegal entry took place when she was a child, and as such was out of any reasonable control. She has since tried to "legalise" herself with an LPR application based on a legitimate marriage, but has been deported on the basis of an asylum application that she didn't even file.

Hard to see what else she could have reasonably done.

Nothing but leave when the asylum application was denied. There's simply no overcoming an illegal entry - apparently other than successfully claiming asylum. She'll be back. She'll need a visa and a 601. That's not uncommon.

[jundp 191]

Sort of OT, but on the question of SSN...my ex-husband received a SSN when he was 8. He is a USC, born here. His father is from Nicaragua and he was given a Spanish name at birth. When his parents got divorced his mother decided to change his name to an "American" one. She got him a SSN WITHOUT a birth cert or a court order. I don't know how she managed it, but it did happen. In fact, his name was never legally changed until our divorce....27 years after he got his SSN. So I suppose it is possible to do so.

[Trumplestiltskin 5,791]

I think this kind of thing illustrates the difference between what is legal and what is fair.

The woman was illegal - that isn't really in doubt - but the illegal entry took place when she was a child, and as such was out of any reasonable control. She has since tried to "legalise" herself with an LPR application based on a legitimate marriage, but has been deported on the basis of an asylum application that she didn't even file.

Hard to see what else she could have reasonably done.

Nothing but leave when the asylum application was denied. There's simply no overcoming an illegal entry - apparently other than successfully claiming asylum. She'll be back. She'll need a visa and a 601. That's not uncommon.

True - but as far as the law goes this judgment seems rather bureaucratic and callous. I do think there ought to be some sort of exception made to the law to cover this kind of situation. I don't think the woman's family has a leg to stand on as far as immigration goes, but its rather unfair to be punished for something that you had no reasonable control over. That seems fundamentally unjust.

Edited November 28, 2007 by Number 6

[Mr. Big Dog 10,747]

I think this kind of thing illustrates the difference between what is legal and what is fair.

The woman was illegal - that isn't really in doubt - but the illegal entry took place when she was a child, and as such was out of any reasonable control. She has since tried to "legalise" herself with an LPR application based on a legitimate marriage, but has been deported on the basis of an asylum application that she didn't even file.

Hard to see what else she could have reasonably done.

Nothing but leave when the asylum application was denied. There's simply no overcoming an illegal entry - apparently other than successfully claiming asylum. She'll be back. She'll need a visa and a 601. That's not uncommon.

Its not - but the law as far as this goes this judgment seems bureaucratic and callous. I do think there ought to be some sort of exception made to the law to cover this kind of situation. I don't think the woman's family has a leg to stand on as far as immigration goes, but its rather unfair to be punished for something that you had no reasonable control over. That seems fundamentally unjust.

I think the real issue is that it somehow took 10 years from their illegal arrival - after which the parents presumably filed the asylum claim - until she's deported. Not sure how long she hung around after the asylum case was denied and had gone all the way through the courts. Knowing a number of folks that came here and filed asylum claims - some of which were taken to a judge - it does seem like an awefully long time. I can see 2-3 years for a denied claim to be finally and indisputably decided. But 10 years? I somehow have a feeling there are other parts to the story that the article doesn't quite cover.

[scotty 0]

and think about the poor American guy dazed and confused by a system that is so insensitive, he will no doubt feel let down by his fellow americans,

The time taken to bring this issue to a head was really part of the problem if it had been sorted out in the first couple of years then the woman may not had so many ties to this country and it might not have been so hard to uproot a couple of years rather than the last 12 years but of course we all know how long it takes things to happen with the american immigration sytem.

Regards Scotty