A BOOK ON U.S. APPLICABLE LAW

Deacon San Nguyen

A LEGAL ISSUE NEEDS TO BE SOLVED ASAP

The incredible migration occurred after the Fall of Saigon in April 1975 had caused many complex situations. People who felt happy were the ones who only sought for Freedom in another country. People who felt sad were the ones who left their families at home. Many felt guilty when they abandoned their spouses, children, siblings, and especially, their own country. These people had a feeling that they would never see their friends or relatives again in their whole life. Because of those situations, legal issues needed to be sold as soon as possible.

Indeed, when sad things happened due to emotional feelings, it was hard to be resolved. But when it was an issued related with the Law, things could be easier if one of the two parties was willing to sacrifice him or herself.

Now, I would like to tell you one among 12 cases related with what I wrote above. I was the person who involved in these cases and found out that many cases had similar causes and effects.

You will see that a legal process will help many complex cases to have happy endings. The persons involved in the story will have chance to reunite with each other in this country.

Don was a former official of the Republic of Vietnam. He was evacuated by a helicopter and was transferred to one of the 7th Navy Fleet ships, some time before the fall of Saigon. His wife and his 4 children were at home at the time he fled. Due to his background that he was an international student in America before, a company hired him immediately. For three years, he lived alone by himself and did not take a glance on any woman in the new country. He loved his family in Vietnam very much. Very often, at night, he took a look at his family pictures and sobbed quietly. Then, one day, an incident happened and turned his life up side down quickly.

Don unexpectedly met his former colleague, Le, a pretty lady who worked at the same company with his in Vietnam. She told him that she just arrived in the USA about a year. Because her husband served the former regime, he was put in jails in the Northern of Vietnam. Having no any faith in his return, she had to take her 2 children oversea. Luckily, their journey on the sea got no problem at all. Now they lived near Don’s house.

The unexpected reunion with his former colleague made Don happy very much. At first, he took her shopping and helped her in miscellaneous things. Gradually, they fell in love with each other. Then, after a time, Le gave birth to a handsome boy that looked exactly like Don. Time flew fast. Le had a second pregnancy with Don.

When Don felt that his happiness was rocketing, he received a message from his former wife in Vietnam telling him that his eldest son, 15 year old, died of malaria while he was laboring for the government.

Receiving the sad news, Don was shocked terribly. Suddenly he missed his children and his wife in Vietnam very much. He felt remorseful because he neglected his duty that was to protect his family. He blamed himself as an irresponsible man who rejected to sponsor his family to USA.

The reason that made him feel bad was his wrong thinking. He was afraid that the US government would put him in jail because he told lie to the government. When he first arrived in this country, he told a lie to an INS official about his family. To protect his family at home from being harassed by Communist government, he claimed that he was a bachelor, and never got marry. He thought that if he reported to INS that his wife and children were still at home, perhaps, Communists would harass his wife. Secondly, he already had Marriage Certificate with his new wife. How could he solve that problem without being in jail due to his bigamy?

Practically, Mr. A was highly subjective. Since the beginning of the problem, he always thought about failure because he was so sensible that he could not see the problem through legal system. Had he focused the issue through the eyes of a man who understood Law system clearly, he would not worry like that. He did not know that almost newcomers had the same problems on paperwork. The mistakes, if there was any, could be corrected easily through legal process.

Luckily for Don that he sought advices from me. “How could he sponsor his first wife and his children to USA without getting problems from the Law?” Don admitted that while living with his second wife, he still missed his first wife dearly. She already shared 12 happy years with him and now, even though far away from her husband, she had kept her faithfulness in him and believed that someday, she will meet him again. All the memories of the past suddenly came back to his mind and made him stagger for a while. Especially the sad news about his eldest son who died while he was absent from family had caused the most painful moment to him. Don blamed himself day and night. Now, he insisted me to help him to compensate for the faults he made.

After having the confirmation about his willingness to solve the problem, I advised him that he needed to follow all my instructions if he really wanted to have his family, especially his wife to reunite with him in America. Once a man admitted his mistake and really wanted to redeem, he would be loved instead of being hated. Therefore, I advised him that I could help him on the legal issue but not the sentimental aspect. Don totally agreed and processed as my advice:

1. Having a divorce with his second wife. Prior to that, Don had to convince his second wife that he needed to do the right thing with his family that was abandoned in Vietnam. However, he would be responsible for his second wife and her children. He would take care of them all, particularly with the in-coming child.
2. Convincing his second wife to sponsor her first husband to America. Le knew that her husband was just released from Communist jail, too. Although she did not love her first husband anymore, but she still needed to have her innocent children to reunite with their blood father. If she refused to do so, her children might hate her due to her fault that separated them from their father.
3. If she agreed to divorce, Don would ask a lawyer, with a fee about $150.00 - $300.00, to draft a contract with his second wife, confirming that he would transfer to her everything she wished to have to raise their children by her own. Don would financial support her until they grew up. Also, the contract would tell how many times he could visit their children and take them out for fun. This contract would have a Notary Public’s signature after she signed on. Or, she could sign it with the presence of his lawyer. Then they should wait for about 6 weeks before receiving the Court judgment on the divorce.
4. In case Don’s second wife did not agree to have a divorce, he still could do it by himself with the help from his lawyer.
   That would take a longer time for a divorce to be effected. Maybe three or six months at most. Anyway, he would have to pay child support for her to raise the two children that they had with each other. Perhaps, he would pay child support to her own two children, too. He did not mind to pay for four children totally. But he would not pay alimony for her because she had her own job.
5. After having the divorce, Don could visit INS to sponsor for his family. To prove that was his own family, Don needed to show INS his marriage certificate, birth certificates of each child. All paperwork had to be translated into English.

Due to his fault that he made when reported to INS that he was a single man, he had to explain all the issues related with the case: He was afraid that his family would be harm if the Communists knew that Don was a high ranking official in the former regime. That was why he had to hide his past from INS and everybody whom he had relations with. Based on his explanation, INS would understand him and leave his wrong doing aside. They would help him to regain what he had lost because the US Law on Immigration was very flexible. It was processed based on political movements, not for the profits from penalty.

Exactly as I expected, after a while, I heard that Don had successfully convinced his second wife. She agreed to have a divorce. INS had helped Don to reunite with his family in America through ODP program. Really, I did not know about the relationships between Don and his second wife after things settled down. I just pray for other couples who had the same problem with Don’s will have happy endings afterwards.

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