Thread: Faced with deportation, the He family heading back to homela

Faced with deportation, the He family heading back to homeland
By Cindy Wolff
Wednesday, December12,2007

Bright future in China

After a seven-year fight to regain custody of Anna, their 8-year-old American-born daughter, Jack and Casey He must voluntarily return to China or face deportation.The family plans to leave in the next few months. Jack He received passports for his children a few days ago and is now awaiting Chinese visas for his children.

The Hes want to leave voluntarily so there's a chance they can return someday. If the family is deported, it will be more difficult.

Anna will be allowed to return once she turns 18.

The Hes may be able to put off their departure for a little more time, but there's really not a way for them to stay in America, said local immigration lawyer Ray Babaoglu.

They can't ask for asylum and they don't have a relative, such as a parent or child, to sponsor them, Babaoglu said.

"If he can show a judge he has the means to go back to China, then the judge can allow him to voluntarily depart," Babaoglu said. "Otherwise the judge can order deportation."

The Hes regained custody of their eldest child in January

after the Tennessee Supreme Court overturned a lower-court ruling that stripped them of their parental rights. The girl moved in with them four months ago after living for nearly eight years with foster parents Jerry and Louise Baker, who fought all the way to the U.S. Supreme Court to keep the child. The court refused to hear the case.

Anna spent the early part of the summer getting to know the Hes and her younger siblings, Andy and Avita, under a reunification plan monitored by Juvenile Court Judge Curtis Person.

A court-appointed guardian ad litem and child psychologist worked with Anna and the Hes during the transition. The girl hasn't seen the Bakers since. She's had a few visits with the Bakers' youngest child, Aimee. The Bakers weren't available for comment Tuesday.

Jack He came to Memphis in 1997 on a student visa to study for his doctorate in economics at the University of Memphis, where he was given a graduate assistant position and a stipend.

His wife came a year later. A few months later a student filed a complaint charge against Jack He for attempted rape, which caused him to lose his job and scholarship.

After Anna was born, the couple agreed to allow her to go into temporary foster care until they could get on their feet again.

The Bakers began caring for Anna in June 1999. The Hes visited her regularly at the Bakers' home until a disagreement on Anna's second birthday.

The Hes fought to have their daughter returned while the Bakers filed a petition to have the Hes' parental rights terminated so they could adopt Anna.

Meanwhile, without his student visa, Jack He wasn't legally able to work. He did odd jobs -- washed dishes, managed Chinese restaurants and cleaned toilets -- to support his family, which now included children Andy and Avita, and was paid in cash.

Eventually, He was acquitted of the criminal charges, but since he lost his student visa, he was allowed to stay in the United States only if he agreed to voluntarily leave once the case with Anna was completed, He said.

Anna knows a few Chinese words and is taking classes on abacus and chess, but she isn't ready to go back to China, He said.

"She wouldn't mind a visit, but she's just learning Chinese culture," He said. "It would be better for her to stay here."

But He said they are out of money and resources. The attorneys who helped him regain custody of Anna and the one working on his immigration status all worked for no fee.

Jack He said he borrowed money from family and friends to stay afloat while they fought for Anna.

"I did not sneak into this country with a dream of becoming a janitor," He said. "I was a college professor in China. I came here to further my education. But we've been here to fight for Anna. Now that we have her back, we have to go back. But, I am confident that all three of my children will have a bright future in China."

Good Luck Jack enjoy your home land !! !