Open Post To CBS

It's almost embarrassing to admit that up until recently, I watched The Bold and The Beautiful religiously.  I followed the story of Rick and Maya with intense interest, hoping that CBS would treat Maya and her transformation with respect while using it as a plot devise.  I feel that CBS did justice to the transgender part of GLBT, but what followed this couple's 'happily for a little while' (after all this is a soap opera) was nothing short of offensive.

I thought we would be dealing with your standard love triangle in regards to Liam, Ivy, Steffy, and Wyatt.  I was indignant to say the least when it was revealed that Ivy wanted Liam to marry her for immigration purposes.  This is illegal, immoral, and a slap in the face to each and every one of us that is stuck in this immigration nightmare.  My husband, best friend, and father of my only child has been waiting for more than half a decade to be granted the opportunity to return to the USA to be with his family.  When you take into consideration my personal experience and exquisite torment that is living without your soul mate, one can see why I find this plot line infinitely more disrespectful than TLC's 90 Day Fiance.

Ciao,

Deza

*facepalm*

There are no words to describe how I feel at this moment in time. I’ve been betrayed by my government, and the relationship that has spanned nearly half my life has been called into question. I don’t expect perfection from anyone, but for the love of bacon why can’t we count on a certain level of competence from people that have the power to change lives? In my last post I spoke of mistakes; I acknowledge that we are all wrong from time to time and I consider errors to be a part of the learning process. The problem is, you can only learn from your mistakes if you acknowledge their existence in the first place.

I’m sure by now you’re wondering what blunder was committed that has me so upset. As you might recall I received a case update regarding the I-130 petition that said initial processing, a status which made me quite angry. The USCIS has rescinded the approval of our I-130 petition pending an interview with them. I understand that there was a breakdown in the process and that our petition was approved after a swift kick in the ass from Senator Franken, but this is almost too much. It is the policy of the USCIS to interview every couple that files the I-130 petition while the beneficiary is in removal proceedings, or if the couple has been married less than 2 years at the time of filing. Alberto and I had only been married 3 months when the I-130 was filed, in the midst of his removal proceedings, so you see there is a reason for this development.

Open Petition

I know that my story is sad, but our situation is by no means the worst.  Please consider, dear readers, signing this petition to bring attention to those living in exile to keep their family together.  The families are suffering from lack of proper medical care, the children are receiving inadequate education, and the places they live in are often not safe.

I don't want to join the ranks of the hundreds of expatirates that went before me.  I don't want my daughter to suffer in an unstable and unsafe environment.  I don't want to make a choice between buying food and seeing a doctor or my child's education.

Please sign and share this petition:  Bring Home American Families in Exile

We're counting on everyone.  Please help us.  Action for Family Unity


Ciao

Numb

The human mind can only handle so much before a breakdown occurs.  Whenever something devastating happens, my mind shuts off the outside world to wrap itself in a cocoon of misery.  I experience some of the classic symptoms of Post-Traumatic Stress Disorder; feeling emotionally numb, trouble concentrating, avoiding activities I once enjoyed, and difficulty maintaining relationships.  I suppose that what I was experiencing wasn’t severe enough to be called PTSD, so I was diagnosed with Major Depression, Dysthymia, and GeneralizedAnxiety Disorder.  My first experience was after Alberto’s voluntary departure in October of 2008, and my second round started on Wednesday, July 18th.

I was destroyed, reduced to a pile of fragmented shards by the email informing me of the denial from USICS.  Joelle sent me home, though she wanted to call someone to come get me instead.  She only saw the tattered facade left behind by emotions run amok; she couldn’t see the core of steel, the resolve that was keeping me upright when all I wanted to do was crumble into pieces on the floor.  I left because it was easier to do so, and because I needed Ashley.

Decision 2012

So much for getting some sleep...  Here's a better rundown of the events of the day:

At 3pm today I received an email from the constituent services representative of Senator Franken’s office, Diana that the USCIS had notified them that a notice was mailed today.  USCIS did not let Diana know what the notice said.  I managed to get myself excited at the potential meaning of the notice.   I forwarded the email to Graciela and she responded that she was on pins and needles waiting to see what it would say.  I was floating on cloud nine thinking about all the good things that notice could say.

At 4:30pm I received the email regarding the new case status and saw that a decision had been made on the I-485 (Application to Register Permanent Residence or Adjust Status).  I’ll let you read for yourselves…

DENIED

Today was the day my hope for a quick end to our suffering was smashed to pieces.  The I-485 and I-601 we filed back in February were denied in a particularly heinous fashion.  I understand it is their ‘policy’ to approve or deny people on a whim, but using 1 sentence to address a 739 page waiver packet was only slightly more subtle  than giving us the middle finger.  Our packet was a handcrafted masterpiece, their denial was a 14 page cut and paste hack job.  I mean there were several places where the quotation marks didn’t agree and there was a different in font size throughout the document.  They did not even reference one single piece of the I-601 waiver in their denial; I highly doubt they actually read any of it.  Looking at the table of contents isn’t the same thing as having read the damned thing.

Lance thinks the interviewer has never seen an I-601 waiver before, but even that doesn’t excuse such a poorly made and rationalized decision.  Graciela was horrified by denial in itself, how could they possible justify such an appalling decision?  Gather round friends and neighbors and let me explain something to you: immigration is an arm of the government that is not well trained, has no concrete set of rules, and no one appears to be looking over their shoulder.  They have the power to detain and deport people at will, and have been known to ‘accidently’ deport American Citizens when it suits them.  You know that ‘line’ that our spouses were supposed to get in?  It only exists in the narrow minds of the anti-immigration political candidates.  Have they ever looked at the processing times for the different applications?

If the petitioner isn’t a US Citizen, you will be waiting between 1 to 2 years for the initial visa appointment.

I pretty upset so I think I should just go to bed.

Ciao

Three Ring Circus

I am getting more than a little tired of the unscrupulous tactics employed by our government.  Why can’t they just leave us alone?  Graciela forwarded me a copy of the DHS Opposition to Motion to Terminate and I read it, knowing it would be ugly.  Boris Badenov stated in his “FACTS” section that Alberto came to the attention of the USICE after he assaulted someone with a rock then he listed each and every injury suffered by the victim.  It is ridiculous how they seem bound and determined to paint Alberto in the worst light.  They must be trying to exploit the human brain by repeating something enough times so that someone will believe it’s true.  In an attempt to cover his own posterior, Boris then filed an I-261 (Additional Charges of Inadmissibility / Deportability) with his Opposition.  What charge could he possibly add to this farce?  Well, interestingly enough the additional charge against Alberto is INA § 212(a)(7)(A)(i)(I):

Any immigrant who, at the time of application for admission is not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document required by the Immigration and Nationality Act, and a valid unexpired passport, or other suitable travel document, or document of identity and nationality if such document is required under the INS regulations.

A waiver is available under INA §212(k) where the Attorney General is satisfied that the exclusion was not known to, and could not have been ascertained by the exercise of reasonable diligence by, the immigrant before the time of departure of the vessel or aircraft from the last port outside the United States and outside foreign contiguous territory or, in the case of an immigrant coming from foreign contiguous territory, before the time of the immigrant's application for admission.

 What the hell immigration?  You paroled him into the United States for Prosecution; of course he’s not going to have a visa or other proof of lawful entry!  He was arrested at the border because of the active warrant, and the only reason he was “seeking admission” was because you stated if he said as much he could adjust status here!  Now someone please tell me how the actions of the DHS in recent months have resembled anything slightly ethical?  Sounds like a rampant lack of morals to me, not that my opinion seems to matter.  In the future Boris and his ilk will all have to answer to a higher power, I wonder how they will justify these abuses of power over their fellow man?

Wait... What?!

Ok, so today I’m a little upset, although I believe that I am entitled this time around.  I emailed Lance yesterday to see what his thoughts were about the outcome of the hearing and this is what I get back from him:  “I will review the charging document.   The question I am trying to resolve is whether he can apply for residency here at all, regardless of whether the court or USCIS has the power to do it.”  Wait a minute, what the hell is that supposed to mean?

I guess I’m waiting, albeit impatiently at this point, to see what will happen next.  I really hate immigration policy.

Ciao

(I'll update as I get more information...)

Purgatory

I was going to write yesterday, but the massive tension headache made that impossible.  I felt as though my brain had been divided and the halves were at war with one another.  The Prosecutor received notice of our defenses and expressed an interest in settling outside of court in order to avoid trial. The offers were all bleak.  They served as stark reminders that the Prosecutor believes my husband to be guilty of all charges.  The only reduction we saw was in regards to the sentence, all of the deals were for felony-level convictions.  We countered with reduction of the severity of the crime, but the prosecutor is unwilling to consider a lesser conviction level. 

He wants Alberto to plead guilty and be handed the maximum sentence with a condition that he will not serve more than 1 year and have 5 years of probation.  I would say 1 year instead of 7 years would be a good deal, but if we accept then our immigration case loses most of its strength.  Lance even said that although an approved waiver is still possible, the chance of that happening with a felony conviction is less than 30%.  My opinion is that I am scared as hell.  The best Brian can tell us is a jury trial is always 50-50 and that if Alberto is convicted he will likely suffer the same fate as his brother.  Dios mío ¿que hagamos ahora?

Immigration Timeline and Mother's Day

*** Immigration Timeline ***

Aug 1998: Alberto Entered the United States without Inspection

Nov 2007: Arrested and turned over the Immigration for Removal Proceedings
Dec 2007: Bailed out from ICE, Discovered Pregnancy, Married, Hired Attorney, Submitted I-130 Petition & I-129F Visa Application
Oct 2008: Petition to reopen immigration case submitted due to legal problem, Alberto took Voluntary Departure as ordered by Immigration Judge, Petition was approved, petition was then rescinded per Alberto was already out of the country
Mar 2010: Notice of Action 3, I-130 Petition Approved, Second trip to Mexico to see Alberto, Visa application delayed for lack of funds
Sep 2010: Visa Application Submitted to CIUDAD JUAREZ
Dec 2010: Visa appointment at CIUDAD JUAREZ for Alberto, USCIS Requesting Additional Documentation before will consider for Waiver
Feb 2008:  First Immigration Hearing, requested continuance

Mar 2008: Notice of Action 1, Received I-130 Petition, Resubmitted I-129F Visa Application

May 2008: Notice Of Action 2, Case set to Bloomington service center for interview

Aug 2008: Daughter Ashley was born.

Sep 2009: First letter to MN Senators and Representatives & President requesting assistance

Dec 2009: First trip to Mexico to see Alberto

Feb 2010: Second letter to MN Senators and Representatives & President requesting assistance, Inquiry made by Senator Franken to USCIS

Oct 2010: Notice of Visa appointment in CIUDAD JUAREZ for Alberto

Mar 2011: Additional proof and documents submitted to CIUDAD JUAREZ

Apr 2011: Contacted Senator Franken’s office for assistance, Phone call from CIUDAD JUAREZ to make second appointment for Alberto, Response from Senator Franken’s office, case was stalled as of March 30^th for lack of information

***May 23, 2011 is the next appointment for Alberto in CIUDAD JUAREZ***

It is amazing to me just how long we have been battling immigration.  Every once in a while I wonder just what might have happened if we had already been married and filed the paperwork when Alberto was arrested.  Alberto had always said that he didn’t want to get married because ‘everyone’ would say he married me in order to fix his status in the United States.  My point of view was that we had already been dating for 6 years and living together at that point, so who the hell really cares about what other people think?  I have been dealing with the rude comments, stares, gossip, and inevitable dirty Mexican jokes from the very beginning.  People are cruel, and sometimes family more so than mere acquaintances.