A BOOK ON U.S. APPLICABLE LAW
Deacon San Nguyen
DON’T ASK ME WHY!
There is no any country in the world that is like U.S.A. that has a diversified and complicated system of laws. U.S.A. is a melting pot consisting of many different ethnics coming from different countries. In order to protect all populations living in this country from unfair treatment or discrimination, the procedures of deportation or approval an application for resettlement in U.S.A., is rather long with elaborate security precautions.
This is the most difficult task since the day this country was established until today. The Law of Immigration Issues was set up on three bases: Politics, Humanity, and Religions. It is neither Civil Law, nor Criminal Law, nor Federal or States Law.
In this article, I would like to tell two stories related with the Law of Immigration:
Case No. 1:
Through a middle man, a cousin lived in Vietnam, Tung went back to his country to marry Thi who was 12 years older than Tung. However, Tung looked as old as Thi, because Tung worked very hard while Thi was a sophomore student of Business Administration program at a private school and belonged to a rich and well-educated family.
Due to Thi’s age was 12 years older than Tung, Thu failed two interviews. Luckily, two years later, she passed the third time and could migrate to USA as Tung’s fiancé. Indeed, Tung was not a successful man. He worked from hand to mouth to make ends meet for his mother and him. At night, he studied at college to have a B.S. degree in electricity. Because of all his work, Tung looked older than he should be. Another reason that made him look old was the leaving of his first wife.
After Thi stayed in this new country for two months, Thi and Tung signed a Marriage Certificate (If the Marriage Certificate was not done within 3 months, Thi should be deported back to Vietnam). Then, Tung signed the sponsorship form, I-130, to help Thi have the permanent resident card.
Life of the couple seemed very happy at first. Nevertheless, about 6 months later, suddenly, Tung left home without saying “goodbye” to his wife! Right at that time, Thi was called for an interview. She came to the Immigration Services Office alone and told her real story. She said that she did not have any slightest idea where her husband was. The Immigration Examiner explained for Thi understand that in this case, Thi was still legal to receive the “2 year Conditional Permanent Resident Card” with the condition that Thi would not do anything illegally. She had to work legal jobs then pay tax to the government, too. After 2 years, if she could accomplish all the above conditions, she would be a resident without any more questions from the Law. The Immigration Law stated that, within 2 first years, if the husband and wife did not live together or there was a divorce, the wife or the husband who just arrived in the States should be deported.
Thi’s case was approved because her husband was an irresponsible man who abandoned his wife without any reason at all.
Few more months later, Thi received Tung’s letter that came from another state. Tung asked Thi for her forgiveness. To revenge his former wife who married a young, handsome, and rich American man, Tung now married an American girl, much younger than his former wife and surely, prettier than her. Tung’s newly wife was just 22 year old. Tung requested Thi to wait for 2 years then Tung would divorce her so that she could do anything she wanted. He explained that if he divorced her now, she would be deported.
Reading his letter, Thi cried terribly. She loved Tung very much. Although she could stay in U.S.A. and become a U.S. citizen, she would be sad for long because of her love for Tung. Thi’s behavior was strange because many other girls who were abandoned by their husband would be very happy to go on with another man who was better than the ones who abandoned them.
Thi’s case was unique. Many of her friends asked her the reason why she looked sad, she always replied: “Please, don’t ask me why!”
Case No. 2:
Rick, a Vietnamese refugee, flew back to Vietnam to marry Huong. They had their wedding ceremony and marriage certificate done in Vietnam. Rick was 16 years older than Huong. Few months after arriving in the state, Huong had her permanent resident card. Rick was a jealous man. Because Huong was young and very pretty, Rick always had doubt on Huong’s faithfulness. Therefore, Rick kept Huong at home all the time. He did not allow Huong to find job. Rick only let her contact with his relatives and his family members. If she needed to go buying food for their family, Rick drove her there and guarded her cautiously. Practically, Huong was a prisoner in Rick’s home.
Among Rick’s relatives, there was a man who knew about the law of immigration. Seeing Rick treating Huong as a sex slave, (sometimes Rick beat her terribly just because of his jealousy), this man explained for her understanding about the law. Even though their marriage did not last two years, if the wife had proof showing that the husband had cruel acts towards the wife, or threatened her life, the Court would have a favor to the wife and would not deport her, in case they had a divorce.
One day, Rick felt jealous with his wife. He beat and wounded Huong. She then called 911. Only five minutes later, police came and took her to a secured shelter and handcuffed Rick. The police booked him in detaining cell. The Court then gave him 9 months in jail and 2 year in probation due to his domestic violence.
Huong signed a divorce paper without being deported, although she was just in this country less than a year. As a sex slave to her husband, she received a permanent resident status from Court.
Huong, a Vietnamese girl, who just wanted to have a better life in the U.S.A., had married a man who was as old as her father, now was like a free bird. She could go everywhere she liked, did anything she wished to do. If anyone asked her why she looked so happy like that, she replied: “Please, don’t ask me why!”
