Senator tries to keep valedictorian from deportation

[Savij]

Originally posted by: RapidSnail
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.

You're right, you dont understand the procedures because they never broke the law according to what's written in the article.

 

[Wreckem]

Originally posted by: Savij

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.

And thier requests were denied, and repeatedlyh denied. Its time to leave the country. Not everyone is granted permanent visas or citizenship. Its not a right.

 

[Wreckem]

Originally posted by: Savij

Originally posted by: RapidSnail
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.

You're right, you dont understand the procedures because they never broke the law according to what's written in the article.

One could argue otherwise.

They came over on a six month TOURIST visa, aka they didnt have work Visas but as the article says, the parents both held jobs.

They also came over with the sole intent to live here, even though they only had a tourist visa.

This is probably why they were denied residency, because they did indeed break rules.

 

[Savij]

Originally posted by: Wreckem

Originally posted by: Savij

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.

And thier requests were denied, and repeatedlyh denied. Its time to leave the country. Not everyone is granted permanent visas or citizenship. Its not a right.

They were denied, but in the country legally while their appeals were pending.

 

[lokiju]

Sorry but if you don't come in legal then you need to go, then apply and come in legally.

 

[spidey07]

Originally posted by: Wreckem
One could argue otherwise.

They came over on a six month TOURIST visa, aka they didnt have work Visas but as the article says, the parents both held jobs.

They also came over with the sole intent to live here, even though they only had a tourist visa.

This is probably why they were denied residency, because they did indeed break rules.

Yep. This is pretty clear cut. ILLEGAL immigrants. By definition they are criminals and need to be deported.

While the story has a nice emotional tug of the poor criminals it doesn't change the facts.

 

[Savij]

Originally posted by: Wreckem

Originally posted by: Savij

Originally posted by: RapidSnail
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.

You're right, you dont understand the procedures because they never broke the law according to what's written in the article.

One could argue otherwise.

They came over on a six month TOURIST visa, aka they didnt have work Visas but as the article says, the parents both held jobs.

They also came over with the sole intent to live here, even though they only had a tourist visa.

This is probably why they were denied residency, because they did indeed break rules.

It's legal and allowable to apply for a visa change while you're here. It happens all the time with student visas. It's not as common with tourist visas but there are rules that specifically allow the change.

As for the work status, it depends on exactly what they were doing to earn money and what their "pending" status was. Basically they could have been here completely legally, or they could have broken a lot of laws. The article doesn't give enough information to say that they did break laws.

 

[dainthomas]

Originally posted by: lokiju
Sorry but if you don't come in legal then you need to go, then apply and come in legally.

Or leave and then come in through Mexico so no one will notice or care.

 

[razor2025]

Originally posted by: Wreckem

Originally posted by: Savij

Originally posted by: RapidSnail
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.

You're right, you dont understand the procedures because they never broke the law according to what's written in the article.

One could argue otherwise.

They came over on a six month TOURIST visa, aka they didnt have work Visas but as the article says, the parents both held jobs.

They also came over with the sole intent to live here, even though they only had a tourist visa.

This is probably why they were denied residency, because they did indeed break rules.

Bingo. I had to deal a bit with the process myself. One of the big "no no" on getting your permanent residence / citizenship is to come in using a visa with false intent.

Tourist visa provides no path to getting your residence or citizenship. You're suppose to stay in country for x amount of time and leave (option to come back later after Y amount of time). Since the visa is for tourism only, requirements are much more lax than visas that DOES lead to residence/citizenship. I suspect they were denied in the process partly due to their abuse of the tourist visa.

I too am a bit torn. On one hand, I want them deported, since they did abuse their visa. On the other hand, we're about to grant "amnesty" to millions of illegals who simply walked under/over the fence. Maybe they should turn illegal too, and wait out for the 5 years. :evil:

 

[Savij]

Originally posted by: razor2025

Originally posted by: Wreckem

Originally posted by: Savij

Originally posted by: RapidSnail
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.

You're right, you dont understand the procedures because they never broke the law according to what's written in the article.

One could argue otherwise.

They came over on a six month TOURIST visa, aka they didnt have work Visas but as the article says, the parents both held jobs.

They also came over with the sole intent to live here, even though they only had a tourist visa.

This is probably why they were denied residency, because they did indeed break rules.

Bingo. I had to deal a bit with the process myself. One of the big "no no" on getting your permanent residence / citizenship is to come in using a visa with false intent.

Tourist visa provides no path to getting your residence or citizenship. You're suppose to stay in country for x amount of time and leave (option to come back later after Y amount of time). Since the visa is for tourism only, requirements are much more lax than visas that DOES lead to residence/citizenship. I suspect they were denied in the process partly due to their abuse of the tourist visa.

I too am a bit torn. On one hand, I want them deported, since they did abuse their visa. On the other hand, we're about to grant "amnesty" to millions of illegals who simply walked under/over the fence. Maybe they should turn illegal too, and wait out for the 5 years. :evil:

It's also possible to apply for a visa change while you're here. Considering that their application for permanent residency didn't get rejected until (approx.) 7 years later they must have gone through the right visa at some point.

 

[Alkaline5]

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.

Doesn't that fact there are natural-born children in the family entitle the parents and any dependents to stay until the younger brother is 18?

 

[oogabooga]

Originally posted by: Alkaline5

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.

Doesn't that fact there are natural-born children in the family entitle the parents and any dependents to stay until the younger brother is 18?

I was curious about that as well. It seemed to imply the younger brother was born here and best I knew that means he's a citizen.

 

[razor2025]

Originally posted by: Savij


It's also possible to apply for a visa change while you're here. Considering that their application for permanent residency didn't get rejected until (approx.) 7 years later they must have gone through the right visa at some point.

That's an option, though very unlikely. From what I've read and heard, changing your visa status from Tourism/Student to immigrant visa are difficult at best. The reason is already stated in my previous post. Visas that are non-immigration are granted much more easily than immigration visas, hence INS gives extra hard scrutiny against the applicants. Common immigrant visas are L1 and H1, which require either business investment (for L1) or highly sought skil (for H1). Judging from the article, his parents could satisfy neither of those.

Originally posted by: Alkaline5

Doesn't that fact there are natural-born children in the family entitle the parents and any dependents to stay until the younger brother is 18?

INAL, I think the child has to be 18 first, before he/she can apply for their parents to gain citizenship. Until the child becomes 18, the parents have to find some way to stay legally/illegaly.

 

[Savij]

Originally posted by: razor2025

Originally posted by: Savij


It's also possible to apply for a visa change while you're here. Considering that their application for permanent residency didn't get rejected until (approx.) 7 years later they must have gone through the right visa at some point.

That's an option, though very unlikely. From what I've read and heard, changing your visa status from Tourism/Student to immigrant visa are difficult at best. The reason is already stated in my previous post. Visas that are non-immigration are granted much more easily than immigration visas, hence INS gives extra hard scrutiny against the applicants. Common immigrant visas are L1 and H1, which require either business investment (for L1) or highly sought skil (for H1). Judging from the article, his parents could satisfy neither of those.

I'm not sure about now (post 9/11), but back then a ton of people would enter the country and then apply for a visa change. Your chances varied widely by where you were coming from. Tourist isn't the most common, but the fact that the first decision wasn't given sooner says that it was fully considered and during that entire 7 years they were legal and (most likely) had a visa status that allowed them to work.

Originally posted by: razor2025

Originally posted by: Alkaline5

Doesn't that fact there are natural-born children in the family entitle the parents and any dependents to stay until the younger brother is 18?

INAL, I think the child has to be 18 first, before he/she can apply for their parents to gain citizenship. Until the child becomes 18, the parents have to find some way to stay legally/illegaly.

If the child is a citizen the parents (or guardians) and the rest of the family are usually allowed to stay. They sometimes will remove one parent because of a felony record, so you often see a case of a father being denied or deported but the mother being allowed to stay. The child must be 18 to sponsor them for citizenship, but the visa change is (almost) automatic.

 

[BoomerD]

They're here illegally...ship them home. Send them with a dozen or so Mexican illegals when they go. We have quite a surplus.

If they want to return, let them apply and go through the process like everyone else. (except the ones from south of the border. apparently they don't have to do that) :roll: