Now after being in here a little while .. well enough to see we have some people here that have no idea.. to the other side of the envelope with people who are so well versed in the problems we now face and some who have even lived it and walked in each other shoes ... I am going to paste this ..some of you already know the scenario .. but this is from my wife .. Now im curious to know and see what responses its geting because I already know how it was taken when the Senators read it and congress .. but here we have some ..well ... maybe not always correct .. but always honest views ..so here we go ...

To whom it may concern,

On September 6, 2002, My boyfriend, now husband, Brian , traveled to the United States on a valid Tourist Visa in order to spend time with me. He had visited on 3 previous occasions, September 27th 2001, again on February 8th 2002, and then again on May 19th 2002. These trips were to see if we were compatible in order to build a future relationship together, but he had always left well before the visa expiration date was due. Over the course of his fourth visit we realized that we had fallen in love and promptly married in Rapid City, South Dakota on October 1st, 2002. It was at this time we made an enormous mistake. Due to exceptional naivety, we assumed that his legal status in the US had automatically changed, and that he was now classed as an immediate relative and allowed to stay in the country as the spouse of a US citizen. This erroneous assumption was, in part, supported by the incorrect advice from friends who informed us that we merely had to apply for his citizenship when we could afford to. (the citizenship process in the US being punitively high).

To this end, we began saving to pay for his application. As I have noted, it is very expensive to apply for US citizenship, each form required at each stage of the process is submitted with a payment that frequently amounts to hundreds of US dollars. If a minor error – for instance, an unchecked box – is made, the form must be re-submitted, and the fee re-applied. The forms are very foreboding and the margin for error is quite high, and I was told that the minimum cost for the process was about US $3,000, and that it frequently rose to over US,$5,000.

We began the citizenship process and completed the initial stages, being the mandatory physical in which he passed. It is important to note that we were going through the official channels to accomplish all of this, at a time when he must have already been in violation of his entry visa. At no time, however, did any US Official note this, nor did anyone inform us that my husband was in violation. We eventually ran out of money, and were forced to suspend the process temporarily until we accumulated more savings. On the assumption that his acquiring a US citizenship was just a formality, and that his legal status was unquestioned, being married to a US citizen.

It was only when we decided to check Brian’s status that we ran into problems. Recently, the US has experienced tumultuous times regarding illegal immigration. There has been something of an anti-immigration groundswell as a consequence, as well as an upsurge in support for migrants, especially with trade skills such as my husband has. Essentially, this has resulted in a renewed focus on migration overall. We were prompted by this to check Brian’s status. Initially he used the Department of Homeland Security website to check his status. It became clear very quickly that he was in violation of his visa. At this time he began calling various US agencies that dealt with immigration – in the main, the Department of Homeland security. None of the agencies were aware of him, nor the fact that he was in violation. In effect, he had turned himself in, and asked for assistance in remedying the situation. He visited the local Police in Custer, South Dakota, who were at a loss as to how to handle the situation. They called the local INS Agent in Rapid City, while he was there, who was then told to refer us back to Homeland Security.
By this point in time, he was in almost daily contact with various agencies. These contacts were all self initiated. Eventually, the greater majority of his communications were with officials at DHS. He was informed, that now, by his own actions come to the attention of the department, and would eventually be deported. It was a distinct possibility that prior to this he may be placed in detention. As we had made clear that his sole intent had been to remedy his unintentional violation of US law, the DHS was very helpful. We were informed that his best option was to voluntarily exit the US, then re-apply for re entry from Australia. We were quite happy for him to comply with this as then he would have legal standing here and we could get on with our lives. We immediately made arrangements for him to return to Australia. He left the US with the first available and cheapest ticket he could, with a route from rapid City, to Vegas, onto Vancouver, Canada, then Hawaii, US to Sydney, Australia. His exit from the continental US was uneventful, only to arrive in Canada and be detained and questioned by US customs officials. This interview took a couple of hours, and was conducted by one officer. At the conclusion of his interview, the official then proceeded to tell Brian that he
Could not re-enter the continental US, Hawaii. Now I fully understand that this is standard protocol, but am at a loss as to their actions, as Brian had spoken to everyone and had made the effort to leave the country of his own accord and then legally apply with the help of myself to re enter. The particular officer involved, according to my husband was very professional and almost sympathetic to our plight.

Upon returning home to Australia via Hong Kong, Brian has resumed his trade and begun to send cash back to help support me, in any facet that a husband would. It is to this end that he is working.

As you might reasonably assume, recent events have placed enormous strain upon our marriage. At the time Brian was forced to leave the US, I was in Oklahoma taking care of my seriously ill mother. As a consequence, I have not seen my husband now for three months. He had to depart so suddenly that we didn’t even have the chance to say goodbye. While we keep in daily contact with each other, it is not nearly enough. We now consider the US to be his home as much as Australia and I am looking forward to his return as soon as he is able. It is to this end that I ask for your assistance.

Our (his) unintentional breach of US law was pure naivety on both our parts that has led us to this crossroad, but after being married for nearly 5 years and living a family life here in the US, I would have thought as a citizen, I would have certain rights. Civil liberties, human rights, family rights and the right of a wife to be with her husband. We acted upon erroneous assumptions, rather than a desire to break US law, now we must rectify this to preserve my marriage. It is with this that I seek your assistance in contacting whomever it is that I need to in order to bring my husband home. Any and all assistance and advice you might render would be most gratefully accepted. Thank you for spending the time to read this letter.

Yours sincerely, Robin

Since this letter was written ... our mum passed away, Robin is now dealing with this loss and the service is today ... anyway ..i digress ... justwanted some input ... Brian