Thread: Houston Chronicle Portrays Illegals As Victims Again

What do you think about this one?

http://www.chron.com/disp/story.mpl/met ... 03236.html

Dead soldier's dad gets reprieve in immigration case
Move to deport him is put on hold while House looks at bill

By SUSAN CARROLL
Copyright 2007 Houston Chronicle

U.S. immigration officials have granted the father of a U.S.-born soldier killed in Iraq a reprieve from deportation while Congress considers a private bill that would give him a green card.

Enrique Soriano, an illegal immigrant and the father of Pfc. Armando Soriano, was facing deportation from Houston until U.S. Citizenship and Immigration Services officials recently decided to grant him "deferred action," which will allow him to live and work legally in the U.S. for one year, said Maria Elena Garcia-Upson, a spokeswoman for USCIS.

Officials with the agency formally notified Soriano's attorney, Isaias Torres, of the reprieve by fax on Wednesday. It is effective for one year from the date of its request by the USCIS district director in Houston, meaning it will expire Sept. 10, 2008.

"It's a step forward, but it's not a long-term solution," Torres said. "At least he's not under the threat of being detained and removed anymore."

Enrique has lived with the fear that immigration agents would appear any day at his front door, decorated with a faded yellow ribbon in remembrance of his son. On Wednesday, the 47-year-old Pasadena resident said his worries have been eased.

"I can breathe a little now," Enrique said. "It gives me hope that my case is progressing."

The Soriano story has drawn widespread attention since the Houston Chronicle first reported on it in August. The family's plight highlighted the complicated issue of service members whose family members are illegal immigrants.

U.S. Rep. Gene Green, D-Houston, has introduced a private bill that would grant Enrique and Armando's younger sister, Areli, legal permanent resident status. The bill, HR 3772, remains in committee. Jesse Christopherson, spokesman for Green, said they are optimistic about the bill's chances.

A private bill provides benefits to specified individuals. Immigration is one of the most common subjects of such legislation. Rep. Louie Gohmert, a Republican in East Texas, has a private bill pending to stop the deportation of an Albanian immigrant who fears his life could be in danger if he's deported.

The House Judiciary Committee has approved a handful of private bills in recent months.

Wife granted green card
Armando was killed in Iraq in February 2004 when a military vehicle he was riding in rolled off a road, according to the Army's account of his death. The South Houston High School graduate was 20 years old. He was buried with military honors and awarded the Bronze Star posthumously.

After his death, the Soriano family benefited from an unofficial policy that gives the immediate relatives of service members who die in war the chance to become legal residents, even if they came to the U.S. illegally.

Armando's mother, Cleotilde, was approved for lawful permanent resident status. But Enrique's petition for a green card was denied.

In 1999, Enrique was formally deported after falsely claiming to be a U.S. citizen, but he sneaked back across the Rio Grande to rejoin his family in Houston. Immigration officials apparently didn't know he was back in the U.S. until his green card application was filed.

His application apparently alerted U.S. immigration officials that he was in the country illegally. He was facing deportation until the recent USCIS decision to grant "deferred action."

This distinction is granted at the district and regional level of USCIS, and does not offer a chance at a green card. It does, however, allow recipients to work legally in the U.S. — at least temporarily.

Enrique spends his days working in construction. Because he was tied up with work, he couldn't visit his son's grave on Veterans Day.

So he stopped by the cemetery on Wednesday afternoon before he heard about his case and wiped down Armando's marble headstone. About two hours later, Torres called to tell him that he didn't have to leave his family any time soon.

susan.carroll@chron.com

Allowing the legalization of illegals aliens who have anchor babies would set a very bad legal precedent.

This distinction is granted at the district and regional level of USCIS

Which law gives USCIS the authority to do this?

Armando's mother, Cleotilde, was approved for lawful permanent resident status. But Enrique's petition for a green card was denied.

In 1999, Enrique was formally deported after falsely claiming to be a U.S. citizen, but he sneaked back across the Rio Grande to rejoin his family in Houston. Immigration officials apparently didn't know he was back in the U.S. until his green card application was filed.

What's the penalty for falsely claiming to be a US citizen when you're not? What's the law when you sneak in AFTER being formally deported? Was the younger sister born before his deportation or after?

I have no problem with the mother being granted resident status, as she lost a son, who was defending our country. If the sister was born after he snuck back in, then father and daughter should both be deported.

Originally Posted by miguelina

Armando's mother, Cleotilde, was approved for lawful permanent resident status. But Enrique's petition for a green card was denied.

In 1999, Enrique was formally deported after falsely claiming to be a U.S. citizen, but he sneaked back across the Rio Grande to rejoin his family in Houston. Immigration officials apparently didn't know he was back in the U.S. until his green card application was filed.

What's the penalty for falsely claiming to be a US citizen when you're not? What's the law when you sneak in AFTER being formally deported? Was the younger sister born before his deportation or after?

I have no problem with the mother being granted resident status, as she lost a son, who was defending our country. If the sister was born after he snuck back in, then father and daughter should both be deported.

Miguelina, the first time an illegal sneaks in and gets caught, it's a civil crime; however, the second time it is a felony.

I disagree with giving him green card status. He lied about being a citizen to join the armed forces, and has committed a felony be being in the country AGAIN illegally.

They seem more worried about staying in the US than their son's death. I guess free citizenship is the prize for committing a felony and having your son die in the military. I do feel very sorry for their loss, but why should they gain from it?

This, once again, sounds like our government is out beating the bushes for cases that they can use to sway public opinion.

When faced with being forced by the people to do something they don't like, they pick the most sympathic case and alert the media so it can be used to say, 'see what happens'.

What's the penalty for falsely claiming to be a US citizen when you're not?

False Claims to U.S. Citizenship and Amended 212(a)(6)(C) prior to
Sep. 30, 1996:

Foreign nationals in the U.S. and those who are seeking to enter the U.S. must be aware of the consequences of misrepresentations made to immigration officials. In particular, a false claim to U.S. citizenship may even result in a permanent bar to immigrate to the U.S. This article will also discuss false claims of U.S. citizenship made to nongovernmental parties which may also bar immigration benefits permanently.

An analysis of a false claim of U.S. citizenship starts with a determination of when the claim was made. If a false claim was made before September 30, 1996, and was made to obtain an immigration benefit, then the alien is inadmissible to the U.S. However, there is a waiver available based on hardship to immediate relatives who are either lawful permanent residents or U.S. citizens. But if the false claim of U.S. citizenship was made on or after September 30, 1996, the alien is permanently inadmissible to the U.S. as there is no waiver available. Even claims of U.S. citizenship made for non-immigration purposes such as making a false claim in order to obtain employment may render foreign nationals inadmissible.

When an alien is found inadmissible based on a false claim of U.S. citizenship, one strategic defense is to challenge the false claim itself. Was the false claim a definitive claim of U.S. citizenship or could it have been a false claim of permanent resident status? A false claim to permanent resident status is not a permanent bar, but is a misrepresentation which can be raised as a ground of inadmissibility. Additionally, ambiguous responses to questions from immigration officers and other unclear situations may be open to different interpretations as to exactly what was represented; for instance, there may be a language problem. What if a foreign national actually believed that he was a U.S. citizen at the time that the claim was made? Did he reasonably know that he was not a citizen? This situation may provide additional grounds which a qualified immigration attorney may use to reverse a finding of inadmissibility.

What's the law when you sneak in AFTER being formally deported?

Title 8, 1326(a) forbids an alien who was once removed from the country to return to the United States without special permission, and it authorizes a prison term of up to, but no more than, two years.