Military Family

[jraf766]

Hello I have been serving in the military for 10 years, with two combat tours of Iraq, Me and my wife have been married for 7 of the 10 years, and have 3 us citizens boys together. I am a US Citizen myself, generations since the civil war.

She has lived in the United States since Jul 1999, I refuse to take her to Mexico and my family will not be raised there neither, Im still alive for a reason! All of her family is here legally, therefor she has no ties to Mexico anymore, no where to live.

She was denied a green card back in 2003, but had employment for 1 year cause we qualified under the amnesty during that time. However she has this one charge and they offered her voluntary departure, but lawyer said if she went back and did the written statement then in a way she admits guilt to that charge, confusing, I know.

She has a false claim of us citizen ship, they twisted it ont he transcript.

I have the transcript from DHS and it says clearly she said she was mexican citizen for like the first 10 questions, then they twisted it, this is a dirty tactic, and had her there for several hours laughing at her and not letting her use the phone, then said sign these papers and you can go home.

Im going to argue with the Border Patrol when I get down there to Fort Bliss.

I will finally get stationed there again. I was young then, I know a lot now.
I paid thousands in lawyer fees. We tried the Exercise of Prosecurtorial Discretion but the District Director said he had his hands tied at that time.

My question is this is an extreme hardship, extreme mental abuse from them to us, what can I do to fix it, to have it right, cause Im not taking her back, and if they make an example out of me shame on them it would be bad publicity for them and heartless?

However the officials were very nice to us, its that stupid law Bill Clinton passed, what were they thinking, this has affected thousands of american families.

They need to give the power back to the INS to grant waivers, not politicians that never see the people that apply!

[Pinkpig]

I wanted to answer your message even though I have no help. I am sorry. Hopefully someone on here will have some input for you.


First of all my family thanks you for serving our country. There is no finer person on the face of the Earth than those that serve their country by wearing the uniform.

So are you saying that she has been charged with saying she was a USC?

If that is the case then she is not eligible for the waiver of excludability.

I am thinking you have heard that before and you are looking for a way to dispute their procedure in coercing her to say that.

I wish I could give you some help but I cannot. Hopefully someone will see your post and give some help.

I do not know who your lawyer is/was. There are some lawyers in this game that find ways around everything. If I were looking for that type of lawyer I might check with Carl Shusterman in LA.

Laurel Scott is the resident lawyer who posts here often, she is a Mexican "specialist", does a free chat on Wednesday at 12 noon EST on her chat site here: http://www.visacentral.net/

She is not taking new cases but it still doing consults and I would think that is what you would be looking for.

Our lawyer is Heather Poole...her link is in my signature. I don't know if she could help you at all but she may know someone who can.

I am assuming that you have involved your elected officials. A few of them can be very helpful, given your circumstances.

I think that your hardships would definitely be extreme and unusual and easily approved if you would be allowed to file. I understand what you issue is.

I wish you well. Stay safe.

[Nepthys]

I would make it public if I were you. I would write and call your local news papers and tv stations. Most people hate to see any family struggle. It gets to the point where I want to say give me a break. Immigration is such a mess. You have fought to defend this country and they still do not have any answers for you. I also do not have any help. Just make it public. I wrote letters to the editor and had a television crew come to visit me. Make it public!

Take care

[phrogman009]

Hello jraf766 If you are going to make this public. Just remeber that it's going to be really hard for you, once you get back to your station. I have seen military personal get in trouble for not using their chain of command. Best wishes, I'm going through the same situation as you. My wife has a 10 year ban and she's still in Mexico. I'm on my 11th year and about to do my 4th deployment. Watch yourself here and out there on the dirt.

[Laura]

Jraf - I'm sorry for your situation.

You are in for a long and difficult journey. From what I understand it is next to impossible to get a false claim of USC-ship overturned, and with that on her record, she will never even be allowed to file a waiver or have any chance at LPR status. It doesn't matter how much extreme hardship you have, because with that on her record she can never be eligible for a visa, with or without a waiver.

From what you said, she was sort of tricked into saying she was a USC. So are you saying she actually said she was a USC or was the transcript actually wrong? I hope it is the latter. The fact that she ignored a VD order means she is now ineligible to adjust status in the U.S., so were the false claim to citizenship thing not there anymore someone, she would still have to return to Mexico and file a waiver assuming she has accumulated unlawful presence.

I'm sorry that this is all so unfair.

[jraf766]

The transcript says two different things
the first question they ask, she said she was a mexican citizen, and her parents where too, does she make any claim to being a us citizen she said no, then they twisted it, and said did you declare to be usc she said yah, but what she said is american and they told her that means usc.

[Laura]

Wow.... I think you need to find a really good attorney. I know you don't trust them, but a lot of members here recommend Laurel Scott and Heather Poole. Either of them, if they can't help you with this issue, would be able to direct you to an attorney who could. Overcoming this is way beyond what any of us are capable of advising on...

[IBMMuseum]

...I have seen military personnel get in trouble for not using their chain of command...

But often that Chain of Command is as helpless as the servicemember in regards to many immigration areas. I would *inform* them on your course of action, and if they can help, tell them to knock themselves out. The more people fighting for you, the better.

[jraf766]

But often that Chain of Command is as helpless as the servicemember in regards to many immigration areas. I would *inform* them on your course of action, and if they can help, tell them to knock themselves out. The more people fighting for you, the better.

I have informed my chain of command all the way up, but with everything going on they have little time, I have informed my last 5 chains of command for like 10 years now, none of them know what to do, they are confused, the only thing is I went to ACS, FRG they actually has some one that comes with an immigration officer that comes to speak to people with problems, they only tell me the laws, but not how to win against them cause they can get fired from INS, and give list of attornies. I have let them know my courses of action and they are all for it.

They answer up, never down so I dont know what higher up has said, and the only way I can see me getting in trouble is higher ups says they didnt know anything about it, when it hits the fan, thats the grey area, is I dont know if higher up really knows anything about it.
I ask but no answers.

Everyone that I have talked to says its wrong that we should not be treated like this, its a world of circles.

They are sending me to Fort Bliss for this reason, when Im done here at my current duty assignment so I can deal with it where it happened.
The agent that accused my wife still works there, Im going to dispute it.

Im the only one that can fight for my family well being. Its difficult, when I get there, Im going with my wife to the Commanding General this time, of course schedule an appointment, Im tired of circles.

[jraf766]

Wow.... I think you need to find a really good attorney. I know you don't trust them, but a lot of members here recommend Laurel Scott and Heather Poole. Either of them, if they can't help you with this issue, would be able to direct you to an attorney who could. Overcoming this is way beyond what any of us are capable of advising on...

By the time we got the FOIA, I ran out of money from the retainer which is thousands, We were waiting on the FOIA for like 4 months, and my attorney said it usually doesnt take that long, but it did, she had to continue bother them for it for a long time.

I notice the transcript they made changes to it, I think they reserve the right to do that, I dont know but they added stuff to it and took stuff out, with out my wifes consent.

I trust attornies from AILA! They know everyone in the immigration just like all politicians know each other. Same concept.

[Cynthia]

First of all, I'm sorry to hear about your ordeal :(


Now, as far as I know, military:chain of commands or no, they can't do anything that's related pertaining to immigration issues. What they CAN do is *assist*, support, or help you out with documents, letters etc etc. Higher commands, don't matter the rank, just can't pull rank and *step in*, kwim? Sad to say, military's say has no say in immigration but their support has been the greatest (my journey of the waiver),,,

You mentioned that there's been changes made to the transcript... Is there any disclaimer that's written in black & white, that they have the right to make changes? :( Maybe that can be dispute as well?

You also mentioned that she signed the original transcript and there's been changes made (minus wife's consent a.k.a signature of acknowledgement). Is this the same transcript as your FOIA?

Keep us posted...And to that guy down there that did this to your wife: grrrrr!... I'm so sorry that your wife has to go thru this ordeal...

[jraf766]

First of all, I'm sorry to hear about your ordeal :(


Now, as far as I know, military:chain of commands or no, they can't do anything that's related pertaining to immigration issues. What they CAN do is *assist*, support, or help you out with documents, letters etc etc. Higher commands, don't matter the rank, just can't pull rank and *step in*, kwim? Sad to say, military's say has no say in immigration but their support has been the greatest (my journey of the waiver),,,

You mentioned that there's been changes made to the transcript... Is there any disclaimer that's written in black & white, that they have the right to make changes? :( Maybe that can be dispute as well?

You also mentioned that she signed the original transcript and there's been changes made (minus wife's consent a.k.a signature of acknowledgement). Is this the same transcript as your FOIA?

Keep us posted...And to that guy down there that did this to your wife: grrrrr!... I'm so sorry that your wife has to go thru this ordeal...

All of this is on a disc from DHS, its all theirs, and on one of the papers its says please add this to the transcript its their own note on the FOIA, and there is two sets of transcripts which both where fixed. There is no way to modify the disc. I just know they did some things to it cause of their notes. I do not have the original. She also recieved a 5 year letter saying that she cannot come back in the united states, if there is no waiver for this law, why do they give her a 5 year letter of saying you cant come into united states?

Here are like the first questions
Q of what country are you a citizen
A Mexico
Q Do you have or make any legal claim to being a citizen of the United States
A No
Q Did you make an attempt to enter united states on April 18, 1999
A Yes
Q On that date How and where did you attempt to enter the united states
A On foot at this bridge
Q Of what country did you declare to be a citizen
A united states (she said american they told her means usc)
Q Are you a citizen of the United States
A No

Ins secondary inspection says she said mexican citizen, and the agent suspected that she made an oral false claim of USC, suspected, is not in concrete either she did or she didnt. Look in any dictionary doesnt say USC
She believed that she was american. Technally she is.

A·mer·i·can (ə-mĕr'ĭ-kən)
adj.
Of or relating to the United States of America or its people, language, or culture.
Of or relating to North or South America, the West Indies, or the Western Hemisphere.
Of or relating to any of the Native American peoples.
Indigenous to North or South America. Used of plants and animals

I have talk to that guy on the phone he still works there, he laughed again and said he was young at the time and dont remember anything.

[IBMMuseum]

...Now, as far as I know, military:chain of commands or no, they can't do anything that's related pertaining to immigration issues. What they CAN do is *assist*, support, or help you out with documents, letters etc etc. Higher commands, don't matter the rank, just can't pull rank and *step in*, kwim? Sad to say, military's say has no say in immigration but their support has been the greatest (my journey of the waiver)...

I agree wholeheartedly with this statement. My Commander and the senior enlisted for my section both had immigrant wives (entry on K-1 visas). But all they can give is that support, not change laws or the way things happened.

[jraf766]

Who ever reads this, I would like to ask you all, if you can write me letters of support for my wife to stay in the united states with me to obtain a green card. For the sake of my kids and keeping my family together, she is not an illegal immigrant in my view, she is my lovely wife, a mother who sacrificed and who continues to sacrifice while I serve our country during my time away, while she is raising three kids on her own. When Im performing my duties! This is an extreme hardship to us mentally. Money is not the problem her status is and doing the right thing and fix it.
Please write letters of support and notorized, that is free at your banks.
Please mail it to
SSG Courtney, James V.
B TRP 4-7 CAV
unit#15129
APO AP 96224

[Cynthia]

jraf766 , it is extreme hardship to you and family...:( That's totally not good of that dude (grrrr! on him) for doing so to your wife. I hv 3 tots under 4y.os and it wasn't easy during deployments.

I also would like to suggest to get these letter of supports from (I may miss one of these C.O.C and am going by AF COC...your COC might be different)
1) Supervisor
2) Foreman (the one above your Supervisor...lol...Sorry, I don't know what you called that in your shop as I just refer him as the *boss*)
3) Shop Superitendant
4) Chief (even better)
5) Squadron Commander
6) Base Commander (even MORE better)

...that can attest to your wife's good conduct i.e never been in trouble with the law and her only *misgiving* was answering wrongly to a Question that was twisted by the said dude.

On another note, just by saying orally that one is a USC when one is not, an agent can still charge one with that misrep., unfortunately... :( But, since in your wife's case, I look at it as twisted Question which was SOOO wrong, IMHO.


I apologize beforehand should the above sounded lame...trying to think more....:(

[IBMMuseum]

jraf766 , it is extreme hardship to you and family...:( That's totally not good of that dude (grrrr! on him) for doing so to your wife. I hv 3 tots under 4y.os and it wasn't easy during deployments.

I also would like to suggest to get these letter of supports from (I may miss one of these C.O.C and am going by AF COC...your COC might be different)
1) Supervisor
2) Foreman (the one above your Supervisor...lol...Sorry, I don't know what you called that in your shop as I just refer him as the *boss*)
3) Shop Superitendant
4) Chief (even better)
5) Squadron Commander
6) Base Commander (even MORE better)

...that can attest to your wife's good conduct i.e never been in trouble with the law and her only *misgiving* was answering wrongly to a Question that was twisted by the said dude.

On another note, just by saying orally that one is a USC when one is not, an agent can still charge one with that misrep., unfortunately... :( But, since in your wife's case, I look at it as twisted Question which was SOOO wrong, IMHO.


I apologize beforehand should the above sounded lame...trying to think more....:(

To me it sounds like the transcript is establishing that his wife was caught at a PoE stating that she was an "American" to gain entry. Once they have the claims countering each other there is nothing that can be said later. I feel for the OP, but don't think it will be simple matter to get an inspection officer to change what he reported.

I recognize the address the OP put up as the Pacific theatre. Is there an ability to try for an accompanied tour? Too bad one has to be an LPR before deploying with their spouse for the expedited citizenship on an accompanied tour.

[Cynthia]

To me it sounds like the transcript is establishing that his wife was caught at a PoE stating that she was an "American" to gain entry. Once they have the claims countering each other there is nothing that can be said later. I feel for the OP, but don't think it will be simple matter to get an inspection officer to change what he reported.

I recognize the address the OP put up as the Pacific theatre. Is there an ability to try for an accompanied tour? Too bad one has to be an LPR before deploying with their spouse for the expedited citizenship on an accompanied tour.

Yes, I noticed the APO AP as well. If she has a passport, she can join the OP, can't she? With the exception of Guam & HI, of course. Not sure what's the latest policy on Korea for accompanied tour. Heard on the gravepine (for AF) that they're gonna make Korea tour as a short tour but not definite on whether that policy has been implemented. During my stay in Korea, I was on a visa until we got married and I was able to stay w/ SOFA stamp. Same with Germany, entered with my passport but able to reside under the SOFA stamp.


Maybe, if staying in the US is not a possibility, maybe Sgt can apply for a follow-on and continue to stay overseas? Or is it not possible?

*still thinking*....sighs....

[jraf766]

Yes, I noticed the APO AP as well. If she has a passport, she can join the OP, can't she? With the exception of Guam & HI, of course. Not sure what's the latest policy on Korea for accompanied tour. Heard on the gravepine (for AF) that they're gonna make Korea tour as a short tour but not definite on whether that policy has been implemented. During my stay in Korea, I was on a visa until we got married and I was able to stay w/ SOFA stamp. Same with Germany, entered with my passport but able to reside under the SOFA stamp.


Maybe, if staying in the US is not a possibility, maybe Sgt can apply for a follow-on and continue to stay overseas? Or is it not possible?

*still thinking*....sighs....

It is possible for her to come over here but with my job, Im getting stationed in the states. I love the United States to much to leave it and would not want my kids to be raised in Korea! The problem is if she comes over here, then she will not be able to get back in the states.

[Cynthia]

It is possible for her to come over here but with my job, Im getting stationed in the states. I love the United States to much to leave it and would not want my kids to be raised in Korea! The problem is if she comes over here, then she will not be able to get back in the states.

Understood, Sgt, I was thinking of more in a sense of no separation. :( My husband felt the same way (back then) should I didn't get an approval, he's willing to leave the States (of course after a proper discharge and not the other way round). He'd do anything for the family to avoid separation EVEN if it takes us to raise our 3 kids in Malaysia, come what may!.

Since overseas is not a possibility due to your orders, we wish you the best. Hope the misunderstanding can be straighthened out (since you'll be there in person) and at least a waiver will be granted. It's still hilarious (NOT) that, that dude can actually blame it on him *being young and what nots*...grrrr!... :( What's age gotta do with it?!?

Keep us posted, Sgt.

[IBMMuseum]

It is possible for her to come over here but with my job, Im getting stationed in the states. I love the United States too much to leave it and would not want my kids to be raised in Korea! The problem is if she comes over here, then she will not be able to get back in the states.

I want to put this back in a frame I can understand, here's what I've picked up so far:

1. Served in the Army for 10 years, currently an E-6, U.S. citizenship since birth

2. Married to spouse without immigration status, a Mexican citizen, for 7 years, 3 minor children, all assumably U.S. citizens since birth

3. Spouse is currently *in* the United States

4. Servicemember husband overseas in Korea, on a tour of unknown length, unwilling to station his family abroard, or believing it is not in their best interests

5. Spouse caught in claim of false citizenship, unknown if any immigration proceedings in place to remove her from the United States

As said earlier, too bad conditions aren't right (spouse in LPR status, and willingness to have the family on an accompanied tour overseas longer than a year) for expedited citizenship (that would just make her statement a little bit premature and proactive). Best bet in my mind otherwise is being stationed at Ft. Bliss, and having the family in the El Paso / Juarez area (as other members have done). Rather than fighting the transcript of an inspection officer done long ago, this is probably going to come to a Senator helping thing along, or the AG choosing to admit the OP's wife.

[jraf766]

I want to put this back in a frame I can understand, here's what I've picked up so far:

1. Served in the Army for 10 years, currently an E-6, U.S. citizenship since birth

2. Married to spouse without immigration status, a Mexican citizen, for 7 years, 3 minor children, all assumably U.S. citizens since birth

3. Spouse is currently *in* the United States

4. Servicemember husband overseas in Korea, on a tour of unknown length, unwilling to station his family abroard, or believing it is not in their best interests

5. Spouse caught in claim of false citizenship, unknown if any immigration proceedings in place to remove her from the United States

As said earlier, too bad conditions aren't right (spouse in LPR status, and willingness to have the family on an accompanied tour overseas longer than a year) for expedited citizenship (that would just make her statement a little bit premature and proactive). Best bet in my mind otherwise is being stationed at Ft. Bliss, and having the family in the El Paso / Juarez area (as other members have done). Rather than fighting the transcript of an inspection officer done long ago, this is probably going to come to a Senator helping thing along, or the AG choosing to admit the OP's wife.

Yes Im a us citizen, and proudly have served 10 yrs and still serving!
Yes all my kids are us citizens born,
Wife is been in united states since Jul 1999
They accused her of false claim of usc

She was denied a permanent resident in feb, 2003 and they didnt deport her, cause they knew I was going to Iraq right before the war. They offered her to request voluntary departure, write a letter, we never did that. The immigration officer was nice but there was nothing she could do.

My lawyer advised me not to take her to Mexico cause thats like admitting guilt to the charge and it would be harder to fight from there, This was in Colorado, they also told me that colorado is not an immigrant friendly state.
So we will try in Texas.

The agent that accused her still works there, I talk to him on the phone. I will talk to him in person when I get there. I dont know what else to do?

I have contacted Senators in the past, they said they are willing to help if I got an attorney and I did, Then they didnt help at all. Now its all democratic.
It will be different this time.

Im trying to figure out, has anybody ever won against this charge, and how did they do it?

Also I think I have a good case, cause of the transcripts?

What is AG and OP?

[Cynthia]

What is AG and OP?

AG -> Atty General

OP -> Original Poster...a.k.a you =)

[IBMMuseum]

Yes Im a us citizen, and proudly have served 10 yrs and still serving!
Yes all my kids are us citizens born,
Wife is been in united states since Jul 1999
They accused her of false claim of usc

She was denied a permanent resident in feb, 2003 and they didnt deport her, cause they knew I was going to Iraq right before the war. They offered her to request voluntary departure, write a letter, we never did that. The immigration officer was nice but there was nothing she could do.

My lawyer advised me not to take her to Mexico cause thats like admitting guilt to the charge and it would be harder to fight from there, This was in Colorado, they also told me that colorado is not an immigrant friendly state.
So we will try in Texas.

The agent that accused her still works there, I talk to him on the phone. I will talk to him in person when I get there. I dont know what else to do?

I have contacted Senators in the past, they said they are willing to help if I got an attorney and I did, Then they didnt help at all. Now its all democratic.
It will be different this time.

Im trying to figure out, has anybody ever won against this charge, and how did they do it?

Also I think I have a good case, cause of the transcripts?

What is AG and OP?

"OP" is the Original Poster of a "thread", or topic, in this case you. "AG" is the Attorney General of the United States, able to rarely give someone otherwise unadmittable to the U.S. entry. My opinion is that you have zero chance to change transcripts.

Now that the case has been more defined there will be others speaking up, but I haven't heard of any claim to false citizenship being won before. Senators can do "Private Bills", as uncommon as an AG getting involved personally in a case. There are others caught in the same situation, for instance this last Summer I saw a Canadian that had served in the military fighting a deportation order for wanting to be with his USC children after his marriage ended.

Thank You for your service. I've nearing 22 years in, split about equally between Army and Navy time (currently a Navy Seabee, in a unit already mobilized for duty, in what would be my fifth tour in that area). My wife and stepchildren have been legally admitted, but we still are on the immigration treadmill.

[jraf766]

"OP" is the Original Poster of a "thread", or topic, in this case you. "AG" is the Attorney General of the United States, able to rarely give someone otherwise unadmittable to the U.S. entry. My opinion is that you have zero chance to change transcripts.

Now that the case has been more defined there will be others speaking up, but I haven't heard of any claim to false citizenship being won before. Senators can do "Private Bills", as uncommon as an AG getting involved personally in a case. There are others caught in the same situation, for instance this last Summer I saw a Canadian that had served in the military fighting a deportation order for wanting to be with his USC children after his marriage ended.

Thank You for your service. I've nearing 22 years in, split about equally between Army and Navy time (currently a Navy Seabee, in a unit already mobilized for duty, in what would be my fifth tour in that area). My wife and stepchildren have been legally admitted, but we still are on the immigration treadmill.

Wow 22 years, thats pretty good! I believe they should put waivers back with the immigration officers, since they see the people first hand. I will be going back for another tour myself when I hit ground, Ill be going back to Iraq again.

I dont believe I can change the transcripts neither.

Its not fair, how people of power can do things easily and get away with it while we all suffer.

hopefully when ever they do pass some legislation, they consider these types of situations.

I think the immigration is a money making business, corporation.

There has to be a loop hole somewhere, there always is.