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View Diary: Fighting for my family, haven't slept in weeks (123 comments)

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  •  Thanks for the feedback (4.00)
    I haven't really tried to get into local papers about my own case, but I'll give that a shot.  That's good advice.

    Regarding the reps and senators, I have a three inch stack of letters and logs of calls and letters.

    Legislators are sympathetic when they talk to you, will send letters, but they've written the law so that there is no congressional oversight.  So the aids in their offices complain to me, if you can believe that.

    On Friday we're filing suit in federal court.  This is our only recourse left.

    But this gets to one of the most alarming issues in both the house and senate version of this bill.  They are handing over unchecked authority to the Department of Homeland Security to deny citizenship based on suspicion (not evidence) or terrorist links.  No option for appeal in the courts.

    These bills also create a kind of "separate but equal" court system just for immigration cases, and before you can file suit, you'll be required to get a certificate from DHS saying that you will probably win.

    I think it's obvious to everyone how this can be abused, but forgetting about abuse for a minute, let's talk about mistakes.  A friend of ours who married a woman from South America is going through all kinds of issues right now because they mixed his wife up with a man from the middle east.  He can't even get them to correct their records.

    Under either the house or senate version of this bill, accused criminals will have far more rights than spouses of US citizens.

    •  I hope you have a really good lawyer. (4.00)
      An immigration lawyer.  Before BushCo they didn't make this easy, but now it looks as if it will be damn near impossible.  The thing that makes me really angry is that it is yet another infringement on our personal lives when it comes to a US citizen marrying a foreign national.  They don't make it easy at all and I don't think they should have any right to stop you from marrying someone else.

      The irony is that with all of this talk of globalization we are at the same time moving to a period of great isloationism.  Of course, the other irony is that while they are out hunting pregnant women they are doing nothing to figure out how to ease the Mexico / US border situation.  Crazy.

    •  I don't know where you wife comes from, but (none)
      is it somewhere you would consider moving to???  I just talked to an American in China, working and living, and loves it...Maybe a year or two abroad and away from the mess this country has become would be a good thing instead of lawyers and courts.  In a few years, maybe things will be different and you can come back - if you even want to.  If it wasn't for my daughter and grandkids, I could leave the U.S. and never look back.

      Dean speaks for me!

      by dkmich on Fri Mar 10, 2006 at 02:49:18 AM PST

      [ Parent ]

    •  INS... (none)
      now merged into DHS, has always had descretionary authority to deny an application for adjustment of status.  This is in the Immigration and Naturalization Act.

      Every legislator who has a large immigrant population will have a staff the handles strictly immigration issues.  If one won't pick up on your case, find another who will.  That is their job, in a sense, so they shouldn't just be complaining, but actively working on your behalf.

      Try going to one of their offices.  Sometimes it's not easy to get in a Senator's local office - you may need to make an appointment, but do so. To take your case, your wife will have to sign a release (FOIA) giving permission to the legislators office to speak and inquire on her behalf.

      It sounds like you already know what's holding up her application, but it doesn't hurt to use all the resources (meaning elected officials) that are out there.

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