Mother fights deportation Despite being married to USC

[Susie]

http://www.wftv.com/news/14324908/detail.html


Video: Mother Fights Deportation Despite Being Married To American Citizen

Mother Fights Deportation Despite Being Married To American Citizen

POSTED: 8:15 am EDT October 12, 2007
UPDATED: 12:41 pm EDT October 12, 2007


ORLANDO, Fla. -- An Orlando mother is being ordered by the government to be deported to Columbia.

Heidy Rodriguez said she appealed to immigration officials for years to stay in the country with her husband, children and business. Rodriguez came to the U.S. in 1999 and overstayed her visitor's visa.

Along with her parents, she applied for political asylum to stay, but immigration judges have denied her appeal to stay even though she's never committed a crime, pays taxes, and is married to an American citizen.

"I say please don't break my family. It's a good family and I'm a good mother. My children love me and I just wanna keep going with my children," Rodriguez said.

Officials said the only way Rodriguez could stay in the country is if Immigration Customs Enforcement steps in and files a motion with the board of immigration appeals.

Officials with Immigration Customs Enforcement said they would deport Rodriguez by November 27, by a judge's order.

[kirtida8]

Important point missing from the report -when did she marry the uSC? before or after overstaying?

[Sharon]

does it make a difference when she married Kay?

[kirtida8]

I would have thought so - but no idea really. If she married before the end of her visitors visa, then surely she would have filed the relevant paperwork and would therefore have some sort of rights to stay?

[Kriz1]

Sometimes people can't afford the paperwork...I know of that happening to a Birt...he was married to a USC...but was still deported...he could not work to get the money for the papers...and she had just lost her good job and ended up in a low paid one just to live...

[TeaPot]

I would have thought so - but no idea really. If she married before the end of her visitors visa, then surely she would have filed the relevant paperwork and would therefore have some sort of rights to stay?

I think what you have said is true. Plus I also think that you are forgiven some sort of overstay also (if the marriage was to a USC), but am not entirely sure how long an overstay though.....

[Susie]

This article just shows there is no compassion when it comes to immigration or humanitarian grounds for a waiver

Ok, this is a special case, what is so wrong in allowing her to stay. America says it has family values, family reunification

[DEE F]

This has really baffled me surely if her hubby is a USC then she has some sort of rights!!!!!!Because if I have read the article correctly ,then in reality she has overstayed for 8 years!!!!So why now what has happened,very unfair.

Dee xx

[Kriz1]

The Brit guy I was on yahoo with many moons ago had no rights...I'll think I still have the newpaper report when he returned to the UK...but not sure if its readable....

[Kriz1]

I found it but you can't really read it...:(

[lxh11]

Stories like this all have a human interest side. But if she broke the laws regarding her status at any time, then she broke the law.

It is black and white - and unless one sticks to the laws, then a mockery is made of those that did do things by the book and sacrificed, time & money to do things correctly.

I am sick and tired of these kinds of situations - at this rate, a loophole for every single illegal in this country could be found and a we will all feel sorry for everyone and this country the 12 million illegals will suddenly become our new BFFs.!

[DEE F]

But surely Liz,whether she broke the law or not,the fact remains that she is married to a USC,and if she has overstayed here for 8 years(my assumption dont know if that is fact) why are they trying to deport her now,this is the bit I dont understand,we all have our feelings on illegals ,mine probably arent that far away from yours,however what I want to know is why,if her husband is an American citizen and presumably they have a family(again my assumption) what is she doing wrong,does this mean that her husband has broken the law as well by marrying an illegal immigrant,surely this is double standards,like I say totaly baffling to me.Maybe this is a time when compassion could be used.To me their time would be better spent rounding up the illegals who are not only breaking the immigration laws ,but are breaking other laws as well.The majority of illegals in my mind are hard working people,and if anyone is at fault it is the people that employ them,but that is another issue.No I believe this lady should be allowed to stay.

Dee xx

[Kriz1]

I have to agree with you Dee...there are degrees of law breaking...this lady is far down on that list...but easy prey...
This is just my 2 cents...

[Susie]

This is a point I was trying to make in another thread about reporting illegals.

It is clear, this lady is not a threat to this country, has a USC child and married to a USC.

This is a case where commonsense is needed, and some compassion. It makes no sense to deport her and separate her from her family. Mind you I do expect they would say her husband and child are free to leave too

[peter gold]

As I read it she overstayed and therefore was in the country illegally which meant when she filed to adjust status she effectively surrendered herself.
Should have left and hubby petitioned for her from the US

[DEE F]

Still dont understand why it has taken 8 years,does this mean if you keep your head down you will never get found out,that you are an illegal??????

Dee x

[Kriz1]

If her husband is fully supporting her I can't see how she could be found out...maybe if she made a claim for benefits...or went to work...it would be down to what State she is in...

[chris]

I think that all this shows is that the article doesn't give all the facts and wre' all making assumptions.
The article does point out that it was not just the woman, but her parents who were applying for asylum too. Obviously the woman had no aunts, uncles and cousins otherwise I'm sure they'd have been in there too!?
As the 'facts' are presented in this article, she (along with parents?) came as visitors and overstayed their visitor visa. Somewhere along the line she got married to a USC (it doesn't say American born), had a family and now is bleating.
As LxH11 stated, she broke the law. End of story. There is compassion and misguided compassion. This one is the latter. Come on ghuys, we've seen this bleeding heart tale so many times now.

[Kriz1]

Not many try for asylum...I've seen the fear some people have about going back to their own country...she did wrong by over staying...but its not a hanging crime...
We don't know if she has other family...we don't know if her husband is a born American...but who cares he is a yank now...
I've worked hard in the past to make Americans aware of the illegal problem...but sometimes we need to see illegals as people who may need help and understanding...and no matter what I'll never tar any group of people with the same brush...and in this case it will not end the world to give the family a break...that is just my 2 cents...

[DEE F]

Yep agree with you there Kriz,I can think of a lot more reasons for deporting someone,reasons where they really have broken the laws.Yes we do hear bleeding heart stories all the time,but lets not drop down to that sort of level,if this woman has committed murder or something then fine deport her,but as I highly doubt it,leave her alone and get on with the real immigration issues.There but for the grace of god etc etc ....................

Dee xx

[Kriz1]

She looks like she has a lovely home...beauitful kids..she is not here living 20 to a house...working under the table undercutting locals....as Dee says...there but for the grace of the Gods...

[lxh11]

Try looking at this and the many many other stories like in another way:

What if you were living in the UK and every day you read stories like this about illegals in the UK. How would you feel then?

Liz

[DEE F]

Probably the same as I do here,there are always going to be illegals both here and the UK,as long as they arent committing any crimes why on earth should it bother us,and this lady more than us ,should have the right to be here with her husband and child.

Dee x

[lxh11]

No one has a RIGHT to be here unless you are born here, and she certainly doesn't have more right than myself or anyone else who has done things legally.

The fallout of the immigration debacle is that while it's impossible to get the 12 million undocumented to come out of the shadows, ICE will get who they can even if the stories are sad. The more stories that are published about people not doing things correctly, the more likely it is to deter others from coming across the border.

You are clearly a better person that I Dee, and one of the few that have not participated in gripes about illegals rolling into the UK, and getting benefits and living off the state.

[InnVic]

The other thing to remember is that the press rarely tells the full story and even if that is "sort of" factual you will only ever get the prespective from the victims side - the USCIS rarely will comment.

[lxh11]

Too true InnVic. And the victim is hardly going to be objective about this situation

[chris]

Quote
and in this case it will not end the world to give the family a break...
End Quote
I guess there are 12,000,000 more and counting who could argue just the same.
Just where do you draw the line on breaking the law?
Of course, many like this woman will argue they can't return for fear of retribution or whatever. However I seem to recall another sob story earlier this year of a guy who left his country in Africa fearing for his life and came to to the US illegally. His wife & kids died in a house fire and he wanted to take them all back to his home country for burial and was miffed when USCIS said leave and you won't get back in. Suddenly his home country ceased to be a fear situation for him.
It's playing the system. Don't fall for it.
I think we all have compassion for our fellow man, but I think we all know when someone is playing things to suit themselves.

[DEE F]

You are clearly a better person that I Dee, and one of the few that have not participated in gripes about illegals rolling into the UK, and getting benefits and living off the state. {quote}

Hi Liz,I am not trying to be holier than thou here,all I am saying is if this lady is married to an American is working and living her life and paying her taxes,what is she doing wrong,and no I dont blame the illegals in the UK for living off the state and claiming benefits,I blame the government and the whole stupid politically correct world we now live in,stop giving them handouts, housing and health care and then I am sure the illegal problem will cease to exist,but because the way the government are now,frightened to death of upsetting people for fear of retribution ,who the hell can blame them,going to the UK as an immigrant either legal or illegal is a walk in the park compared to coming here,so give me a break ,I thought last week was have a go at Dee week.


Dee x

[McSporran]

You are clearly a better person that I Dee, and one of the few that have not participated in gripes about illegals rolling into the UK, and getting benefits and living off the state. {quote}

Hi Liz,I am not trying to be holier than thou here,all I am saying is if this lady is married to an American is working and living her life and paying her taxes,what is she doing wrong,and no I dont blame the illegals in the UK for living off the state and claiming benefits,I blame the government and the whole stupid politically correct world we now live in,stop giving them handouts, housing and health care and then I am sure the illegal problem will cease to exist,but because the way the government are now,frightened to death of upsetting people for fear of retribution ,who the hell can blame them,going to the UK as an immigrant either legal or illegal is a walk in the park compared to coming here,so give me a break ,I thought last week was have a go at Dee week.


Dee x

Now Dee love - didnt we talk about this last week:D :D - you really need to remember that just because this is a different thread, doesnt mean we're not going round and round in the same circle...dont let them get to ya girl ;) ;) ;)

[DEE F]

Now Dee love - didnt we talk about this last week:D :D - you really need to remember that just because this is a different thread, doesnt mean we're not going round and round in the same circle...dont let them get to ya girl ;) ;) ;)Hi McSporran,I know what you mean,I cant do right for doing wrong can I,:confused:


Dee x

[McSporran]

Hi Dee,
Dont worry about it....remember it's only a madman who tilts at every windmill! and we have our own battles to fight, so save your strength (and valiums) would be my advice ;)

[Callie]

I agree with Dee. If the world were so totally black & white we would be robotic. Chris I agree with you (must be something I have eaten today all this agreeance is that a word?) always somewhere someone will play the system and if you want to solve ANY problem look at the source. If the governments want to give the hand outs then that is the source you cannot blame a human for trying. I personally know of 2 'illegals' here that came on E2's, sold the business but still have 4 years left on their visa and both ,yes both due to incompetent checks have got EAD's and are currently working. When I see the beggers on the corners/intersections I think of the birds in Trafalgar Square keep feeding them they will come back for more........

[DEE F]

Hi Dee,
Dont worry about it....remember it's only a madman who tilts at every windmill! and we have our own battles to fight, so save your strength (and valiums) would be my advice ;)Hi McSporran didnt realise you were so profound,I like it :)


Dee x

[DEE F]

Thank you Callie.


Dee x

[Kriz1]

Try looking at this and the many many other stories like in another way:

What if you were living in the UK and every day you read stories like this about illegals in the UK. How would you feel then?

Liz

Why would I feel any different...the USA is my home now...I would feel just the same there as I do here...

I feel that some cases could be looked on different...this is one....maybe I've grown softer over this last year...but I really don't see this lady as a danger or a criminal...and I know I feel the same way about many other illegals here....and always have done...I may dislike it that we have many illegals.. the problems they bring and the air time they get when many legals get nothing..but that is it...

[Sharon]

As I read it she overstayed and therefore was in the country illegally which meant when she filed to adjust status she effectively surrendered herself.
Should have left and hubby petitioned for her from the US

but would she not be subject to a ten year bar?

[Sharon]

Try looking at this and the many many other stories like in another way:

What if you were living in the UK and every day you read stories like this about illegals in the UK. How would you feel then?

Liz

The trouble is we do hear about this going on in the uk all the time, from may friends and family also the soc security and NHS is almost bankrupt. I think they UK are going to try and force the younger working people to take out some sort of private pensions cos there will not be enough in the kitty to pay them one

The UK under estimated just how many people from the EU would move to the uk, I know they are not illegal but the housing stock is very over subscribed and my married nieces and nephews cannot afford to buy a home or even rent so living with parents

[lxh11]

I wasn't having a go at you Dee, I was actually complimenting you on the fact that you take a broader view of it than I do!

[Kriz1]

Its the same here Sharon...my kids all live at home and it making life here a bit of a problem for us...I think the USA and the UK have many of the same problems...maybe being one of the few people in the USA on here with older kids out in the work place I see it more than most...

[Layspeed]

Wow, my wife's situation is very similar to this story. She came in '91, her parents filed for asylum, denied, appealed, denied...etc. She's an RN, pays taxes, we own property, have 2 USC children, plus I am a USC. She's never committed any crimes, not even a moving violation. 9 years after her final order of deportation (which we didn't know she had - long stor explained in my introduction though lol) they picked her up at our house. I don't know who tipped off the DHS. :fit: But we're trying to make the best of the situation and I don't really care what happens as long as my family is together. It really is sad, and I'm sure it happens a lot. Compassion is in the DHS's job description.

BTW we will be relocating to the Philippines...should be an interesting long vacation...about 10 years or so I hear.:rofl:

[Susie]

Wow, my wife's situation is very similar to this story. She came in '91, her parents filed for asylum, denied, appealed, denied...etc. She's an RN, pays taxes, we own property, have 2 USC children, plus I am a USC. She's never committed any crimes, not even a moving violation. 9 years after her final order of deportation (which we didn't know she had - long stor explained in my introduction though lol) they picked her up at our house. I don't know who tipped off the DHS. :fit: But we're trying to make the best of the situation and I don't really care what happens as long as my family is together. It really is sad, and I'm sure it happens a lot. Compassion is in the DHS's job description.

BTW we will be relocating to the Philippines...should be an interesting long vacation...about 10 years or so I hear.:rofl:

Hello and a warm :welcome:

I am so sorry for your situation. Have you filed any paperwork for your wife? I thought she would get some sort of amnesty from deportation

Do you have an attorney ? if not have you contacted www.cliniclegal.org they are a not for profit immigration firm who believe in family reunification. Have you spoken to the press to tell your story or booked appointment with your congressmen or senators. They should at least listen to you as you are a USC