A BOOK ON U.S. APPLICABLE LAW

Deacon San Nguyen

COMING HOME WITH TEARS

Usually, all people who are far away from their original country must be very glad when having a chance to see their old places again. There are many different reasons for leaving one’s country: Travelling, out of state professional training or a seminar, travelling for business, or marrying a foreigner.

Besides all those reasons, millions of Vietnamese people returned to their fatherland emotionally. They felt that they were like vagabonds coming to his beloved family. Some wept with joy. Few decades ago, they left their country in a hurry because of Communist brutality.

However, recently, there are some coming-home events that was not welcome by Vietnamese people. A treaty just been signed between USA and Vietnam on January 22, 2008, agreed that all Vietnamese permanent residents who arrived in America after July 7, 1995 would be deported if they violate U.S. immigration laws. The most common reason for people to be placed into removal proceedings was because they had been convicted of a crime. The deportation would be processed after the convicts finished serving times in jails. Others who were illegal aliens would be deported, too. This treaty would be effective in a period of 5 years. Prior to the end of the effectiveness 6 months, if there was no offense, the treaty would be automatically continued for 3 more years. Totally, the treaty had 8 years in effect.

The Director of U.S. Immigration and Customs Enforcement, Mrs. Julie Myers said: “Vietnamese who entered the U.S. illegally after the former foes normalized relations in 1995 could now be forced to return to their birth country.” In fact, there were about 6,200 Vietnamese immigrants who would not be deported under the treaty because they arrived in America before 1995 while 1,500 Vietnamese convicts, immigrants, or illegal aliens might be deported at the end of coming March. (Illegal aliens: visitors stayed beyond the dead line in their visa.)

Be noticed: Not all of 1,500 people would be deported because of many reasons:

The US Executive Branch would decide who should be deported depending on their crimes.
Several Representatives in Legislative Branch did not totally comply with the process of deportation created by Executive Branch.
Legal procedures for a deportation was very complicated and had to be approved by both countries.
America was a nation which believed in an Absolute Due Process. Even criminals could appeal against an Executive Branch’s decision. Therefore, in the waiting time for an appeal, nobody could do anything related to the case.

As the Illegal Immigration Reform and Immigrant Responsibility Act issued in 1996 and US Law, article 8 U.S.C., Section 1101 (a) (43), all criminals who committed crimes as followed, might not be pardoned to be naturalized and might not be come back to U.S.A., once being deported:

Man slaughter, rape, sexual harassment especially to teenager.
Selling illegal drug.
Selling weapons, ammunition, explosion, tools and equipment for terrorist acts.
Money laundering.
Storing weapons, ammunition, or explosion illegally.
Domestic violence with sentence over 1 year.
Stealing with sentence over 1 year.
Black mailing.
Sharing dirty pictures with children.
Illegal merchandise with sentence over 1 year.
Prostitution and sex slaves.
Leaking information of defense department.
Cheating over $10,000.00.
Illegal human trafficking into USA.
Illegal entering USA or illegal re-entering USA.
Entering USA by false paperwork and being sentenced over 1 year.
Failure to report to jail.
Bribery, false paperwork, illegal switching an auto license plate.
Falsely swearing in, cheating, obstruction of justice with the sentence of over 1 year.
Failure to report to Court in a criminal case and being in jail for over 2 years.
Attempt to commit the above crimes.

In order to avoid bigger problems, whoever received Court order for a deportation had to consult with a lawyer who had expertise in Criminal Law and Immigration Law because each case was unique. In general, people could not compare case by case to assume one result for all. Another issue that needed to be considered: A deportation might be processed with the agreement by both countries: America, the sender; and Vietnam, the receiver. Vietnam had total power to make decision: receiving or rejecting.

There were 3 stories related with the issue of illegal entering or staying in USA:

First Story: Illegal Staying Over

A veteran 55 years old, flew to Vietnam and married a young and beautiful girl, just 20 years old. When going back to USA, he did all kinds of paperwork to have her coming to America very fast and live with him as his fiancée in his house in Oklahoma. Bad luck came to him. Death took him away right after one month enjoying his new life and new wife. As Immigration Law, if the husband did not process a legal marriage within 90 days, the new bride had to go home. Luckily, the girl met a young Vietnamese engineer who understood her situation and married her one day before her visa expired. Any way, she had to go back to her original country waiting for an interview with Consular in Vietnam then, she could united with her husband who already had with her two little children. Now she was still an illegal alien because she arrived in USA after July 12, 1995.

Second Story: Escaping an Abortion

Bob, a young man at his thirty, married once. His wife divorced him in their first year of marriage. Being angry with his failed marriage, Bob went on a tour to Vietnam and married a girl 12 years younger than him in a rural province. At first, he enjoyed his second marriage very much because he believed that his new wife, a peasant who knew nothing about the luxury life in city, would stay with him forever. Back to the state, he sponsored his lover to America then processed a wedding with her few months after she arrived in USA. While waiting to be interviewed by INS, her wife told him a secret: She was 5 months pregnant. Hearing the news, Bob felt sad instead of being glad. He worried about the cost of having a baby and raising a baby. Bob suggested that his wife to have an abortion. Being sick with the idea of abortion, his wife asked a friend in another state to take her somewhere without her husband’s recognition. Coming home and seeing his wife was gone, Bob immediately reported to police and INS. Since this day on, his wife already violated the rules of INS and became an illegal alien. In case INS found her somewhere, she would be deported without parole.

Third Story: Bride Disappeared

Wu, a white-collar man, had M.A. degree and a good job, followed his parents to Vietnam and married a girl who was recommended by his own parents. Being very happy with his wife, Wu tried his best to have his wife coming to USA only 7 months after his wedding. A strange thing happened. On the first day in USA, Wu’s wife humbly asked Wu’s mother to sleep with her. The reason that his wife wanted to sleep separate with her husband was because they did not have wedding at Church yet. Due to her Catholic faith, she was afraid that if she slept with Wu without permission from Church, they would cause sin to God. Her revealing shocked Wu’s mother a great deal. The mother was so happy that she had an excellent daughter- in-law who was a devoted Catholic. Then, a luxury wedding had been planned with 3 priests presiding in the Diocese Church. A great wedding party had been set at the largest restaurant in the city.

However, only 3 days prior to the wedding ceremony, the parents announced that the ceremony had been cancelled. They had to make phone calls to each and every relatives and friends saying that the bride suddenly disappeared. Later they found out that the bride cheated them. She already had a lover in other state but not a citizen yet. This permanent resident was a malice guy who cheated the other with the purpose that was to bring his lover to him without elaborate process. He and she did not know that even though they were not found at that time, but if she was caught by police, she would be deported right away.

Besides escaping plan, few guys planned another scheme to have their lovers stay legally in the state: First of all, a lawyer professional in immigration would request an U.S. Embassy in a third country like Canada or Mexico. Then the lawyer would escort his customer to an Embassy for an interview that would be processed few days or few weeks later. After the interview, the lawyer and his customer could legally drive back to America.