Monday, August 04, 2008
The beat goes on and on. We had been scapegoated as a Criminals, offenders, Rapists, Invaders, and know suspects of Marriage Fraud
The beat goes on and on. We had been scapegoated as a Criminals, offenders, Rapists, Invaders, and know suspects of Marriage Fraud.
When Citizens and Goverments can be more rational and Humans against the Undocumented Immigrants. I will exposed another case of Intolerance and Irrationality from our Immigration Laws.
Mr. Lin, a Fujianese man who was smuggled into the United States Undocumented, applied for and failed to obtain political asylum [and an order for his deportation was issued]. In 2006, he married Ms. Lu, an American citizen, and applied to change his immigration status. This past April, at Mr. Lin’s green card interview, the immigration judge suspected that their marriage was not real, although his wife was already eight-months pregnant. Mr. Lin was detained immediately and sent to the FBI.
Many lawyers not only criticized the immigration judge for violation of the couple’s human rights, but also warned that those who have outstanding deportation orders against them and who wanted to change status through marriage must be careful when applying for legal status.
On April 6th, Mr. Lin was deported by the Immigration and Customs Enforcement (ICE). When his wife received his phone call from the airport, she was in tears. Ms. Lu, who is due to give birth this week, said that ever since her husband was taken away in April, she has spoken to 10 different lawyers and has spent close to $10,000 hoping that her husband would be allowed to return to the United States. However, because the first lawyer they hired to assist through the green card interview handed Mr. Lin’s passport to the immigration judge during the interview, Mr. Lin had no documentation when he was deported.
Currently, Ms. Lu lives alone in a basement in Brooklyn. She worries since her family works in another state that no one can take care of her and her new born baby.
Nicolas Mundy, Ms. Lu’s current attorney, who does not agree with the immigration judge’s action, asked, “Why couldn’t the immigration agency wait 30 more days until the child is born, when they could conduct a DNA test and determine whether the marriage is real?”
According to Ms. Lu, right before she and her husband went to the green card interview, their first lawyer told them that Mr. Lin’s deportation appeal was pending. However, Mundy said that their appeal was denied in 2005, which meant that Mr. Lin’s deportation order became effective immediately after the interview. Moreover, when applicants for political asylum try to change their status through marriage, they should submit an affidavit to verify their marriage. Their first lawyer failed to do so.
John Chang, an experienced lawyer, explained that the USCIS has new policies that allow arriving aliens to obtain legal status by several means such as through marriage. Another lawyer said that according to experiences, for those who failed to obtain political asylum, trying to change statue through marriage could be risky.
Mundy said that Ms. Lu’s situation is very difficult, but not impossible. Ms. Lu can request a second time for her husband to be allowed to return after their child is born, if DNA evidence can establish his paternity. Mr. Lin would also need to go to the United States Embassy in China to apply for his return to the United States. Present USCIS regulations stipulate that once an alien is deported, he or she must wait 10 years before being allowed to return to the United States. Mr. Lin’s lawyer is hoping that by establishing that he is the father of a U.S. citizen who has faced inhumane treatment, it will make him a candidate for amnesty and the family can be reunited