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Letters of the Week: December 14 - December 18

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  1. sabera's Avatar
    Dear Sir,
    My name is Thein Thein Tin, from Myanmar (Burma) and I am entering USA with Visit visa B2 status. I got 5 months stay. I was applied immigrant visa by my sibling US citizen since 2006 May 15. Now the condition is my husband passed last two year and my children are grown up, my last child is 20 years old. So what actually have to do for me? I want to stay USA and I want my children. Here my mother also US citizen, she want me to stay here and I wish too. I want to work here, stay here and I want my children here. So please let me know what should I really have to do. Thanks.
  2. Marko Milakovich's Avatar
    TO Editor ILW ? I submit for your consideration an Open Letter to the U.S. State Department.
    OPEN LETTER to the U.S. Department of State:

    My name is Marko Milakovich. We briefly talked and exchanged a few emails in October/September 2015 concerning my adopted daughter in India. You provided me with some references and suggested I contact the USCIS National Benefits Center (NBC), which I had. As you may recall they rejected my I-600 application. More recently, I sought assistance from the USCIS Ombudsman, which stated they found no errors in the rejection. I do not agree with the NBC or the Ombudsman, because plain English reading of the Hague Convention clearly defines the exceptions to it, which apply in my case and therefore the I-600 process is proper and the Hague Convention I-800 process is not.

    You had also suggested I contact an immigration attorney. This perplexed me because they have no authority and can only advise. I believe I am knowledgeable in this matter, yet I recognize the reality of the situation, based on prior experience. The general rule is that an individual is ignorant, by definition, and therefore need not be considered in earnest and that only an attorney has the qualifications so the government should accept what they say with a deference compared to an individual. Sad, yet I will continue the quest and battle on my own.

    As I previously stated, NBC stated they sought assistance from the U.S. State Department, which I found curious since they have the responsibility for processing I-600 applications for orphans. I am contacting you again because USCIS NBC is apparently waiting on the State Department for a position (no, I don?t know who they contacted). My concern is that while they are waiting, I am distressed that the State Department may not be taking action on the NBC request. Meanwhile, time passes and while my daughter was adopted in March 2015, just after she turned two years old, not only am I apprehensive that she will not join us before she is three years old, I am frightened that the USCIS position, as it stands now, means she will never be able to join us. The I-600 is the proper process. The I-800 is not proper and in addition, if the rules of CARA-India are strictly enforced, my wife and I do not met their requirements, therefore the I-800 process is not an option. However, CARA India should not be involved in the adoption process since the adoption was performed by the authority of the Constitution of India, Article 371, which is the supreme law of the land. As I stated earlier, she is fully adopted in India, both tribally and in a judicial court of India.

    Please recall, that my daughter has a court order for adoption in two countries (the U.S. and India) and has a Birth Certificate in two countries, both showing my wife and I as the parents. And, the Hague Convention, which was ratified by the United States does not apply because of the Hague Convention exceptions, as stated in it?s Articles. Also, INA 101(b)(1)(F), a Congressional law, is a valid option that it is not pre-empted by INA 101(b)(1)(G) or the non-legal additions added in the USCIS CFR (USCIS added specifications to their CFR, which are not in the Congressional Law ? an act not allowed).

    It appears that an illegal alien child in the U.S. has more benefits than my daughter, who is a U.S. Department of Defense recognized child of a U.S. military veteran. Meanwhile our country is plagued with illegal immigrants, many of whom are children ? except they are here and my daughter is not. I look for logic, but find none.

    As an additional note, I was faced with this exact situation in 2008 while I was stationed in the Middle East with the USAF and adopted the two sons of my wife?s deceased brother. At that time USCIS refused to process the I-600s (wrongly) and directed me to bring them to the U.S. on Visitor?s Visas and all would be straightened out after they arrived. The Qatar US Embassy issued my sons Visitor?s Visas based on a Humanitarian need to prevent the separation of family members. After arrival in the U.S., USCIS refused to take action because they had entered the U.S. on Visitor?s Visas, even though I had faithfully followed the directions of the USCIS Adjudicating Officer. The result is my sons have suffered the consequences and loss of benefits, which continue even to this day.

    My question to you is: Since the U.S. Department of State issued Visitor?s Visas to my two adopted sons under near-identical circumstances, will you (U.S. Embassy in New Delhi) issue a Visitor?s Visa to my daughter so I can bring her to the United States. Once here, I can fight the battle to gain her rightful benefits. I don?t know how long that would take, but at least she would be here with her parents.

    Any guidance you may offer will be appreciated. As I might have stated before, I have fought for my country and I will do no less for my family.

    Thank you,
    Marko Milakovich
    Major, USAF, Retired
  3. Jim Roberts's Avatar
    Dear Editor:

    I can't help but wonder if your regular contributors who support your agenda have such a hard time getting their correct messages displayed at ILW? My letter last week was finally mostly corrected, but only after subsequent emails were requested to do so.

    While the last correction (see above) was mostly correct, the Constitution quote on Liberty for Our Posterity was still not highlighted as submitted. Roger Algase's reponse admits to getting old, but not to being wrong. He wants to ban American Patriot Donald Trump, but works to bring any and all foreigners to US with little or no limitation. Michelle Malkin, whose parents were immigrants, has the proper perspective on the subject:

    Our Founding Fathers were not against immigration, only indiscriminate entry. To be discriminating used to be a virtue, but with today's phony political correctness and false egalitarianism agenda, it has become a crime. Immigration's purpose was and still should be to benefit Americans, not other agendas such as immigration lawyers fees and others more substantial and harmful to US as this writer discusses:

    Americans are finally awakening to the contrary agendas that have been imposed upon them by their current majority of "leaders" and are clearly seeking new, real leadership in Trump and Cruz and those who put American interests FIRST. The Muslim "religion" is more of a radical political agenda as is clearly set forth in their own writings.

    We need to return to the wisdom of the Founding Fathers and to Make America Great Again ! Those who for their own benefit and/or to weaken America continue their contrary agenda and revolution by clouding the real issues with such phony and false name-calling as "bigots", "racists", "hate" and similar.

    Jim Roberts
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