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Not sure about the rest of you, but I find this NUTS! She was clearly well below the age of responsibility when brought here illegally at 6yrs old. To top it off, I'd say her husband has more than paid for his family's right to stay. How many others are in the same predicament?

Iraq veteran's wife faces deportation - 10/27/09 - Los Angeles-Southern California-LA Breaking News, Weather, Traffic, Sports - abc7.com

By Subha Ravindhran

VAN NUYS, Calif. (KABC) -- Like many other soldiers, a Southland-based Iraq war veteran is fighting post-traumatic stress disorder. But he's also facing a bigger battle trying to keep his young family together, as his wife faces deportation.

Twenty-six-year-old Army Specialist Jack Barrios can barely talk about the time he served in Iraq.

"I'll skip talking about that," he said.

But what he can speak about is the battle his family is going through now.

His wife, 23-year-old Frances, is an undocumented immigrant and faces deportation back to Guatemala. According to the L.A. Times, Frances was brought to the U.S. illegally by her mother when she was 6 years old, but did not learn of her status until she was in high school. She learned last year that removal proceedings have been started.

"I'm pretty sad and angry that we're going to get separated," Jack said.

Not only will 3-year-old Mathew and 1-year-old Allanna be separated from their mother, but Jack will also lose his main caretaker.

Since he returned from Iraq in 2007, he's been suffering from post-traumatic stress disorder (PTSD).

"He was an outgoing person, and he used to like being outside with his friends and have a good time," Frances said. "When he came back, he shut down. It wasn't him."

The Barrioses' attorney Jessica Dominguez said hundreds of veteran families now find themselves in this predicament, and that the chances of keeping Frances in the U.S. are slim.

"It's just mind-boggling to try to understand that in a situation like this, Mr. Barrios cannot be assured that his family will stay together because immigration laws do not protect the sanctity of his family at this point," Dominguez said.

Jack gets up at 3 a.m. everyday and works two jobs to support his family.

This couple can only hope they'll get to stay together.

"She's my soul mate, and she's a part of me, and we can't function without each other," Jack said.

It will be up to a judge to decide whether Frances will be returned back to Guatemala. The hundreds of veterans facing the same issue hope that the new immigration reform bill to be introduced into Congress next year will help them out.
 

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"His wife, 23-year-old Frances, is an undocumented immigrant and faces deportation back to Guatemala. According to the L.A. Times, Frances was brought to the U.S. illegally by her mother when she was 6 years old, but did not learn of her status until she was in high school. She learned last year that removal proceedings have been started."

Seems like she had some time to apply for citizenship?
I have a hard time feeling sympathetic when it seems she has done nothing.
 

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While the situation stinks it is just one of many stories just like it. It is a pretty safe bet to say that most people on this forum are against illegal immigrants being allowed to stay. We cannot make exceptions for people based on personal feelings and circumstances. The Law is supposed to be black and white.

She is illegal. She did not apply for citizenship. She must face the consequences of breaking the law. Just as every other illegal resident of the U.S. should.

I wasn't born in the U.S. I received citizenship. Its not terribly difficult to do.



Now... after saying that I will say this. The INS or ICE or whomever is not doing their job right at all. There are many illegal immigrants picked up for crimes all across the country. I recently apprehended 4 illegals shoplifting at my store. The Officer told me that the normal process is for her to take them to jail and contact the Feds. They then will deport them back to Mexico. She said that 90% of the time however the Feds instruct them that they are too busy and to just release them.

If the Feds are gonna let Criminals slide, they should let this lady slide, and concentrate more on the criminals.
 

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While I have empathy I do not have sympathy.

The law is clear on this matter. She needs to go back to her country of origin and apply for status legally. My own wife and I were separated in a situation similar to this after we were married. She went back home and applied for a change of status. When it was granted she rejoined me. If it hadn't been granted, her status change, I would've joined her in her country of origin, as I did marry her and agreed to forsaken all others in sickness and in health, in good times and bad.

Thank you for your service, but that cuts you no slack in my book. Do it the right way or suffer the consequences.

Biker
 

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Follow the laws of the land...get in line and re-apply. Pretty simple in my book. Illegal immigration is another factor driving this country into a complete collapse.:hand1:
 

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Our laws must be respected. Just because her husband was in the military does not give the woman a free pass.

If she robbed a bank, should she still be given a free pass out of jail because her husband was in the military?

No.

The female can return to her country of birth and apply to enter legally. Once she enters legally, then she can apply for adjustment of status.

I find it very hard to believe that she never saw a copy of her birth certificate until she became an adult.
 

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sorry for her, she broke the law, time for her to go home. if it was up to me i would round all of them up and send them home. think of the money, tax dollars, and jobs we would save. illegal immigration is killing us.
 

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I been going thru the process and expense over the last 3 years to have my wife become a permanent resident alien,except for a total of about 6 months in those three years we have been seperated,I have 0 sympathy for people that enter this country Illegally
 

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While I completely understand (and fundamentally agree with) the position most of you are taking, I seem to be missing something here. If these two are MARRIED, doesn't that pretty much make her legal to reside here?
 

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A great example of how it is all messed up

I been going thru the process and expense over the last 3 years to have my wife become a permanent resident alien,except for a total of about 6 months in those three years we have been seperated,I have 0 sympathy for people that enter this country Illegally
Duke, don't you think your story here is a great example of how badly the process is all messed up?

You get separated from your spouse for most of 3 years, yet a little logic and thought would reveal that the inevitable outcome will be that your wife moves here, obtains citizenship. Should the law provide a streamlined process?

So, what purpose gets served by INS (or whatever they are called)
screwing with you and dragging the process out?

Congress and the courts have created a whole complex of inconsistent irrational immigration regs which in the end don't keep unwanted migrants out, and simultaneously make things difficult for decent people who fall through one or the other of many pot holes in the law.

Since the first encounter most foreign nationals have with the US is through immigration officers, we shame ourselves by not putting forward rational and fair processes.

There needs to be some more leeway for humanitarian purposes and considerably less advantage to the outright conscious illegal migrant who willfully and knowingly breaks the law. A girl brought here when she was 6 years old doesn't fit my definition of a knowing and willful lawbreaker.
 

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While I completely understand (and fundamentally agree with) the position most of you are taking, I seem to be missing something here. If these two are MARRIED, doesn't that pretty much make her legal to reside here?
No it doesn't. Just because she is married to a US citizen, doesn't change her illegal alien status. Even if he had married her in her own country she could not come into this country until the a visa was granted. Send her home and let her apply for a visa to re-enter the country.
 

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I have sympathy and empathy for her. She did not choose to enter the country illegally, and has a clear path to citizenship as she is married to a U.S. citizen. I'm not sure what the issue is or why they don't simply issue a green card, as she is eligible for citizenship.
 

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It would seem there could be some case by case review of just such situations. She was brought here at age six, a situation she had no control over, there are small children involved and a resulting hardship for the husband who IS a citizen and war vet to boot. Can't common sense prevail sometimes?
 

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Just because she's in removal proceedings doesn't mean she'll be deported. Immigration judges let folks like this stay most of the time.
 

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Just because she's in removal proceedings doesn't mean she'll be deported. Immigration judges let folks like this stay most of the time.
Not if she doesn't have an approved Petition for Alien Relative (I-130).

It also depends on where the court is located. If it's 9th Circuit Court, and she has an approved I-130, the I.J. will more than likely grant her LPR status (if she applies for Adjustment of Status I-485). Only USCIS has jurisdiction over the I-130. Without that...she canot apply for Adjustment with the I.J.

It also depends on other inadmissibility issues. Has she committed any crimes while she was in the U.S.? Has she been working illegally? Has she made a false claim to U.S. citizenship?

It also depends on if she is eligible under Section 245(i). Does she have an I-130 (or I-140 Petition for Alien Worker) filed on her (or her parents behalves) prior to April 30, 2001?

There are a lot of issues that need to be taken into consideration.

Just because she is married to a USC does not necessarily make her eligible to adjust status with an Immigration Judge during her deportation proceedings.
 

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It is clearly a dilemma - everything is relative.
 
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