A BOOK ON U.S. APPLICABLE LAW

Deacon San Nguyen

LOVE HAS NO BOUNDARY BUT LOVERS DO

America is the Promised Land where most of people in the world wish to be living in. The world history has noted several unique issues about this Promised Land: Liberty, Equality, and Fraternity. America is a melting pot that welcomes all different nationalities, first come – first served. People left their countries for America for various purposes.

A wave of Vietnamese refugees hurriedly left their country for America since 1975. They sought for Freedom that was forbidden by Communists. There was a saying: “If lamp posts know how to walk, they would leave Vietnam, too.” That was why Vietnamese community is one among the biggest communities in America.

To adapt well in this country, Vietnamese refugees need to learn the new law of immigration that was enacted by Congress on October 1st, 1991. In Oklahoma, illegal immigrants who worked at private sections and the owners of business that hired illegal ones were in the fear of being deported or arrested in case government officials come to them. Also, the new Act 1804 that had been passed by Oklahoma Congress and was signed by the Governor on November 1st, 2007 confirmed that undocumented immigrants were forced to go back to their original countries.

The purpose of this law was to protect tax contributors of Oklahoma State. This Act was unique because there was none like this in all 49 other States. Usually, law of immigrant was issued by federal, not state. However, Oklahoma State did create this Act in order to push all illegal immigrants back to their original countries. Nevertheless, children and teenagers of illegal immigrants are still allowed to stay and finish their education at schools, if there is any schooling. Remember: It is important for the undocumented immigrants to realize the Federal Government is the only agency authorized to enforce Immigration Law. And, wherever they go in the United States, they are always in danger of being detained and deported. The House Bill 1804 of Oklahoma doesn’t change that fact.

The reason that made us to clarify those two issues was the mass leaving of hundred families that left Oklahoma State few days before the new Act of Oklahoma was enacted. The undocumented tried to run away from Oklahoma for Texas, Arkansas, and Kansas where they believed that the new Act was not in effect.

There was a story happened just few days before the process of the Bill of 1804. A couple of Mexicans stopped at a gas station to fill in the gas. While the girl was filling the gas tank, the boy hurriedly walked into a toilet, but he made a big mistake. Instead of going in man’s toilet, he walked in the woman’s one. Right at the time he walked out, a police was waiting for him and asked him for his paper. Because he did not have any, the police handcuffed him and booked him. The girl, a permanent resident, was safe. Later, the girl visited me asking for the process of a bail. We explained for her understand that because her lover was an illegal, he could not have a bail. The girl told us that she had come back to Mexico to marry him and already request to sponsor him at U.S Immigration Office. Nevertheless, because she was just a permanent residence, she would wait for few years to have a reunion with him. Now, they got problem.

Similarly, approximately 10 years ago, a man at about 30, a permanent residence who originally from Central America, went back to his country for a visit to his future wife whom he already sponsored for U.S.A. Due to his passionate love, the man hid his lover in his car and drove her to this country without waiting for another year. Unlucky for him, right at the border of U.S.A. and Mexico, they were caught by two Immigration Officers. The man was booked for his plot to help an illegal entering this country. With the help of an attorney, the man was not deported. He had to pay a sum of fine and received a suspended sentence. The girl was deported. Love has no boundary. Lovers do have it.

Below is the summary of the key issues of the Bill of 1804.

1. Anyone who helps transport or provide lodging for undocumented immigrants will be prosecuted as a felony. Except those who have critical health conditions or being threatened by something and is sponsored by a church or a school, both parties will not be prosecuted by this Bill.
2. Anyone who applies for driver’s license of State Identification must provide his or her legal status.
3. Any foreigner who committed a felony and is detained in jail will not be allowed to have bail unless the government verifies about the suspect’s status.
4. A verification on legal status will be performed on any applicant who is 14 or over applying for cash aid from State or Local government.
5. Undocumented students who are attending colleges in 2006-2007 can continue their education. All others who have not legal documents will not be able to register at school unless they qualify with the by-laws of the school.
6. This Bill does not forbid undocumented children to attend elementary and high schools.
7. This Bill does not forbid U.S. minor citizens whose parents are undocumented immigrants to apply benefits from Federal and State government.
8. All hospitals must receive and treat all patients in emergency cases regardless their status, documented of undocumented.

Above is the new Bill of Immigration of Oklahoma state. In general, as stated in Federal Laws of Immigration, all illegal immigrants must be deported. However, practically, there are more than 12 million illegal immigrants living in 50 states in the U.S.A.

By the way, we would like to explain briefly about the process of applying for citizenship. Be noticed: The process of applying citizenship is of a person's free will. It is not being made as the result of coercion or duress regardless how long that person lives in the U.S.A. A permanent resident can live in this country until death without being a citizen.

Before 1990, the Law of Immigration requested the applicants for citizenship to follow the procedure as below:

1. Paying a fee for an interview organized by US Immigration Services about U.S. History and Government system.
2. If passed, filing out a petition for citizenship at Federal Court. Paying a fee to the Court.
3. After a waiting period, Immigration Services send an invitation card to swearing-in at Court. The Court would issue a Certificate of Naturalization right after that.

After October 1st, 1991, the Law changed as follow:

1. Paying $675.00 fee for an interview organized by Immigration Services about U.S. History and Government system.
2. If passed, an invitation letter would be sent out to the applicant for a swearing-in at Court or at Immigration Services.
3. If failed, the applicant would take a second interview without paying any fee. If failed again, a fee will be collected for the third interview.
4. In some cases, the number of swearing-in people was too big, Immigration Services would conduct the ceremony at some large convention centers where the Judge would come and preside the process.
5. Another change: since October 1, 1991, the Certificate of Naturalization would be issued by US Immigration Services instead of Federal Court.

Some important issues about changing names:

When an applicant wanted to change name, he or she would request the Immigration Services to do that right at the time of interview. If not, he or she would face a series of problems: after the swearing-in, the new citizen had to apply at State Court and pay a sum of money. He or she would spend much time waiting for the Court Order to change name. Then, that person needed to visit Immigration Services to have another Certificate of Naturalization with the new name.

As the old law, the required time of living in one state before applying for naturalization was 6 months. Now, 3 months was enough. Somebody may think that he can make a false report on the time he lives in a state. That is totally wrong. The Immigration Services have an Investigation Division to discover the time that applicant lives in a state. Nobody can deny it.

The new law states: if a permanent resident is 55 year old and has been living in U.S.A. for 15 years, he may apply for a citizenship regardless the person can speak English or not. He may request to have in interpreter to help in the interview. If a permanent resident is 50 year old and has been living in USA for 20 years, he may apply for citizenship, too. An interpreter will be provided if he can not speak English.

As of US Law and traditional custom, everybody living in this country will be protected by Federal and State law and will have rights to travel, to speak, and to possess, and many more. If anyone violates the Constitution or the US Law, that person will be judged openly and fairly in front of Justice.

However, there were some differences between a citizen and a permanent resident. If an US citizen committed a felony such as drug traffic, robbery, or murder… that criminal will not receive any other sentence after that person did his or her times. On the other hand, if a criminal is a permanent resident, he or she would be expelled from this country after that person did his or her time in jail.

For a conclusion, all permanent residents’ lives are relied on US Immigration Services. They might get big problems if the visit other countries outside USA. The US Embassy will only protect US Citizens but not US Permanent Resident in case something bad happened to that person.

To conclude this chapter about the Law of Immigration, I will tell you a sad story about a 20 year old girl as follow:

About 15 years ago, a young girl escaped China for Hong Kong. From Hong Kong, she went by boat to New York. Along with some other escapees, the girl was put in a box that was left in the cargo compartment. After arriving in New York, all illegal newcomers had to work hard to pay off the debt that they owed from the organizers of the escape. Four months later, the girl accidentally met an African-American who loved her very much. During the time waiting for the sponsorship be done, the girl followed the man to his home and lived there. Unexpectedly, one day, police did a searching for a criminal hiding in the area and knocked on the door of the man’s house. Hearing the knocks, the man hid the girl in his bed, lay down on her body to cover her, and asked his brother to open the door. When police came, they saw the man lying on bed peacefully. Seeing no any suspect in the house, police left. However, when the man sat up, he discovered that his lover already died! She was so small, 90 lbs. He was big, 220 lbs. His weigh had done the killing.

For a conclusion, all legal issues related to permanent residents who live in this country totally rely on US Citizenship & Immigration Services. When traveling out of State or re-entering the State, permanent residents must check carefully all kinds of paper such as Green Cards, Re- entry permits, or Travel Documents to be sure that they had enough proof of their legal status. They also need to figure how long they will stay out of state for their travels or businesses. If not, they will certainly get big problems that are very hard to be solved.

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