Senator tries to keep valedictorian from deportation

blackdogdeek

Lifer
Mar 14, 2003
14,453
10
81
http://www.cnn.com/2008/US/06/...ledictorian/index.html

FRESNO, California (CNN) -- Plans to deport an Armenian high school valedictorian in Fresno, California, were put on hold Tuesday after Sen. Dianne Feinstein took steps to make him and his family legal U.S. residents.
art.valedictorian.cnn.jpg

Valedictorian Arthur Mkoyan, 17, may be deported to Armenia with his family if a Senate bill isn't passed.

While 17-year-old Arthur Mkoyan celebrated at his Bullard High School graduation ceremony, the Democratic senator introduced a bill on his behalf in the Senate.

"I'm just excited," Mkoyan said. He hopes to study medicine at a state university in the fall. "It's really amazing they're going to do this, because it's going to stop everything."

The family arrived in the United States in 1995 on six-month tourist visas, said Virginia Kice, a spokeswoman for the U.S. Bureau of Immigration and Customs Enforcement.

Settling in Fresno, Arthur's father, Ruben Mkoian (he and his son spell their last names slightly differently), worked as a truck driver. The teen's mother worked in a jewelry store, and the family set about living their lives, which soon included a younger brother for Arthur.

Mkoian believes that if they were to return to Armenia, his family would be subject to reprisals because of his attempts to expose corruption at the government agency where he worked.

After the family's visas expired, they applied for U.S. residency. That application was denied, Kice said.

Immigration wheels turns extremely slowly. An immigration judge finally ruled in 2002 that the family had no legal right to remain in America.

The family tried again by applying to the Board of Immigration Appeals; that was rejected, also. The 9th U.S. Circuit Court of Appeals last year denied their petition for a hearing.

"I would remind people that this family had ample access to due process," Kice said. "The case has been in litigation for more than 10 years. Immigration experts on every level determined that they had no legal basis to be in the United States."

Mkoyan doesn't know much about Armenia. He feels like an American teenager.

"I haven't been in Armenia since I was 2, so I don't really know anything about the place," Mkoyan said. "All I've seen is just videos my mom has watched on the Internet." Video Watch the teen talk about how much he wants to stay in the U.S. »

Mkoyan and his mother, Asmik Karapetian, learned that Feinstein was fighting for them when they returned home from graduation. The senator's office left a message on the family's answering machine.

"It gives you a little hope that maybe it will pass and maybe we can stay," the teen's mother said.

Both houses of Congress would have to pass the bill -- and President Bush would have to sign it -- for it to take effect. However, the bill's introduction is enough to halt deportation, which was scheduled for June 20.

"As a matter of policy, we won't proceed with a deportation as long as a private bill is pending," Kice said.

But the odds remain long against the family staying in the United States.

There is "almost no chance" that the family's quest for a private bill will succeed, said Daniel Kowalski, editor in chief of Bender's Immigration Bulletin.
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"Very few are being passed," he said.

Of the 21 private immigration bills introduced last year, none was enacted. None of the 117 introduced was enacted in 2006. The year prior, 98 were introduced, and four were enacted.

what do you think? personally, i'm torn. the family sounds like they are definitely benefits to society. but what would have happened if the young man weren't valedictorian? would the senator really take the time to introduce this bill? my spidey senses are starting to think it's just for political gain.
 

SpunkyJones

Diamond Member
Apr 1, 2004
5,090
1
81
6 month tourist visa? In 1995? Have a nice trip back to the home country.

Dam, I must be in a bad mood today. :(
 

Anubis

No Lifer
Aug 31, 2001
78,712
427
126
tbqhwy.com
Of the 21 private immigration bills introduced last year, none was enacted. None of the 117 introduced was enacted in 2006. The year prior, 98 were introduced, and four were enacted.



looks like its time to start packing
 

slsmnaz

Diamond Member
Mar 13, 2005
4,016
1
0
Originally posted by: SpunkyJones
6 month tourist visa? In 1995? Have a nice trip back to the home country.

makes me think this was planned and they got caught. See ya

 

waggy

No Lifer
Dec 14, 2000
68,143
10
81
Originally posted by: slsmnaz
Originally posted by: SpunkyJones
6 month tourist visa? In 1995? Have a nice trip back to the home country.

makes me think this was planned and they got caught. See ya

of course it was.
 

bignateyk

Lifer
Apr 22, 2002
11,288
7
0
Originally posted by: blackdogdeek
http://www.cnn.com/2008/US/06/...ledictorian/index.html


what do you think? personally, i'm torn. the family sounds like they are definitely benefits to society. but what would have happened if the young man weren't valedictorian? would the senator really take the time to introduce this bill? my spidey senses are starting to think it's just for political gain.

They'd deport his ass without hesitation. Who cares though... Why is it bad to want to get rid of the worthless illegals and keep the smart ones?
 

txrandom

Diamond Member
Aug 15, 2004
3,773
0
71
Let's deport the illegal aliens that contribute crime and not much else first...then maybe we can deport people who America benefits from.
 

sourceninja

Diamond Member
Mar 8, 2005
8,805
65
91
I'm torn on this. There must be a reason they are denied, yet at the same time, this kid is a hard worker and I support people who try to better themselves. Maybe he should concider joining the military. That would help him prepare for college and possibly get citizenship?

I have always thought that all immigrants should have the option of joining the military for citizenship.
 

sdifox

No Lifer
Sep 30, 2005
99,166
17,472
126
err, the senetor can just sponsor the kid no? I am sure he qualifies as a sponsor.
 

mugs

Lifer
Apr 29, 2003
48,920
46
91
Originally posted by: sourceninja
I have always thought that all immigrants should have the option of joining the military for citizenship.

I thought they do?
 

K1052

Elite Member
Aug 21, 2003
51,610
44,192
136
Originally posted by: sourceninja
I'm torn on this. There must be a reason they are denied, yet at the same time, this kid is a hard worker and I support people who try to better themselves. Maybe he should concider joining the military. That would help him prepare for college and possibly get citizenship?

I have always thought that all immigrants should have the option of joining the military for citizenship.

IIRC you have to be a permanent resident card holder to be able to join, though expedited citizenship can be acquired through the military after that.
 

waggy

No Lifer
Dec 14, 2000
68,143
10
81
Originally posted by: sourceninja
I'm torn on this. There must be a reason they are denied, yet at the same time, this kid is a hard worker and I support people who try to better themselves. Maybe he should concider joining the military. That would help him prepare for college and possibly get citizenship?

I have always thought that all immigrants should have the option of joining the military for citizenship.

yeap. i would rather have this kid then a million that came over illegally. though they didn't do it legal either..

 

RightIsWrong

Diamond Member
Apr 29, 2005
5,649
0
0
I think that Sen. Feinstein is trying to do something that is feel good because it sounds as if the kid and his parents worked hard to get where they are today. However, she should realize that she is acting as bad as the Republicans did in the whole Terry Schiavo fiasco.

The .gov has no business getting involved in individual family matters via legislation directly related to a single family. If she wants to sponsor them as someone else stated, pay for legal defense so that they can get a pretty good immigration attorney or walk them through the process of applying for political amnesty based on the potential for harm to them from their home .gov upon return....feel free.
 

broon

Diamond Member
Jun 5, 2002
3,660
1
81
Rules are rules. I know several people who are trying to become citizens and follow the rules. They are equally as productive members of society as this kid too. Why should he get a break when his family intentionally broke the law when others can't?
 

mugs

Lifer
Apr 29, 2003
48,920
46
91
Originally posted by: RightIsWrong
The .gov

Oh I see what you did there. How clever.

has no business getting involved in individual family matters via legislation directly related to a single family. If she wants to sponsor them as someone else stated, pay for legal defense so that they can get a pretty good immigration attorney or walk them through the process of applying for political amnesty based on the potential for harm to them from their home .gov upon return....feel free.

Only US government domains are .gov, and it ceased being clever after the first time. Actually it wasn't clever the first time, I was just being polite.

Private bills are common for many things beyond immigration. I believe the government's intervention in the Shiavo case was via a public law, not a private bill. Big difference.
 

Savij

Diamond Member
Nov 12, 2001
4,233
0
71
Originally posted by: blackdogdeek
http://www.cnn.com/2008/US/06/...ledictorian/index.html

...
After the family's visas expired, they applied for U.S. residency. That application was denied, Kice said.

Immigration wheels turns extremely slowly. An immigration judge finally ruled in 2002 that the family had no legal right to remain in America.

The family tried again by applying to the Board of Immigration Appeals; that was rejected, also. The 9th U.S. Circuit Court of Appeals last year denied their petition for a hearing.

...The case has been in litigation for more than 10 years....
While it was ruled in 2002 that they couldn't stay, the have had applications and appeals pending the entire time they've been here. It's been a while since I've had to deal with INS/ICE, but I'm pretty sure they're allowed to stay through the entire process.

It looks to me like they're been here legally the entire time they've been here.
 

Savij

Diamond Member
Nov 12, 2001
4,233
0
71
Using double post space to put up a story:

My family put in applications for US citizenship in the early 90s. We were expecting certain interviews and such to happen within 2 years of submitting the application and that never happened. After many calls and submitting inquiries (which state that you should some number of MONTHS for a response) we finally found out, through our own digging and persistance, that they had received the applications but had lost entire groups of them. Four years after we submitted the applications, they finally admitted that they had lost them and that we had to start over.

Side note: They admitted that they lost all applications from a three month period.

This is the kind of beuracracy that is being dealt with here. During the entire process we were here legally and made sure all of our paperwork was up-to-date. Because of how slow the machine moves you can easily have your status as pending for decades. While you're status is pending, you're free to stay.
 

shiner

Lifer
Jul 18, 2000
17,112
1
0
Originally posted by: broon
Rules are rules. I know several people who are trying to become citizens and follow the rules. They are equally as productive members of society as this kid too. Why should he get a break when his family intentionally broke the law when others can't?

Yep. They broke the rules and now it is time to face the consequences.



 

OutHouse

Lifer
Jun 5, 2000
36,410
616
126
Originally posted by: mugs
Originally posted by: sourceninja
I have always thought that all immigrants should have the option of joining the military for citizenship.

I thought they do?

foreigners serving in the us military are not granted automatic citizenship, they have to go through the process just like everybody else.. I served with many foreigners when i was in the air force and none had any interest in becoming citizens.

umm maybe i am wrong. looks like the law has changed since i served.

Qualifications

A member of the U.S. Armed Forces must meet certain requirements and qualifications to become a citizen of the United States. This includes demonstrating:

? Good moral character;
? Knowledge of the English language;
? Knowledge of U.S. government and history (civics); and
? Attachment to the United States by taking an Oath of Allegiance to the U.S. Constitution.

Qualified members of the U.S. Armed Forces are exempt from other naturalization requirements, including residency and physical presence in the United States. These exceptions are listed in Sections 328 and 329 of the Immigration and Nationality Act.

All aspects of the naturalization process, including applications, interviews and ceremonies are available overseas to members of the U.S. Armed Forces.

An individual who obtains U.S. citizenship through his or her military service and separates from the military under ?other than honorable conditions? before completing five years of honorable service may have his or her citizenship revoked.

Service in Peacetime

Section 328 of the Immigration and Nationality Act applies to all members of the U.S. Armed Forces or those already discharged from service. An individual may qualify for naturalization if he or she has:

? Served honorably for at least one year.
? Obtained lawful permanent resident status.
? Filed an application while still in the service or within six months of separation.

Service in Wartime

All immigrants who have served honorably on active duty in the U.S. Armed Forces or as a member of the Selected Ready Reserve on or after September 11, 2001 are eligible to file for immediate citizenship under the special wartime provisions in Section 329 of the Immigration and Nationality Act. This section also covers veterans of designated past wars and conflicts.

 

K1052

Elite Member
Aug 21, 2003
51,610
44,192
136
Originally posted by: Citrix
Originally posted by: mugs
Originally posted by: sourceninja
I have always thought that all immigrants should have the option of joining the military for citizenship.

I thought they do?

foreigners serving in the us military are not granted automatic citizenship, they have to go through the process just like everybody else.. I served with many foreigners when i was in the air force and none had any interest in becoming citizens.

Currently any active duty immigrant can apply for citizenship on an expedited basis, the government has waived the time requirement.

Mugs is correct in that they have the option should they so decide provided they are legal permanent residents (a prerequisite to join in the first place).
 

Savij

Diamond Member
Nov 12, 2001
4,233
0
71
Originally posted by: shinerburke
Originally posted by: broon
Rules are rules. I know several people who are trying to become citizens and follow the rules. They are equally as productive members of society as this kid too. Why should he get a break when his family intentionally broke the law when others can't?

Yep. They broke the rules and now it is time to face the consequences.

Nope, They never broke the rules. They were stuck in status pending and appeals for over a decade from what I read.
 

dainthomas

Lifer
Dec 7, 2004
14,882
3,847
136
I see nothing wrong with what the senator is doing. These people are hard workers and have followed the rules. It sucks how the government punishes people who go through the ridiculous immigration process, yet talks about amnesty for all the "undocumented" immigrants who manage to sneak over.

If they'd just let their visas expire and kept under the radar they could have probably stayed forever. Anyway, good luck to them.
 

RapidSnail

Diamond Member
Apr 28, 2006
4,257
0
0
This sounds wrong:

After the family's visas expired, they applied for U.S. residency. That application was denied, Kice said.

Why? I know he broke the law, but it seems like they are trying to become legal citizens but aren't being allowed. Though maybe I don't understand immigration procedures.