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(PennLive)   Homeland Security fighting to have US citizen deported. His crime? He married after coming to the US almost 30 years ago. And don't even think about that whole "deported to where?" question, terrorist   (pennlive.com) divider line 156
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21250 clicks; posted to Main » on 17 Nov 2007 at 9:31 PM (6 years ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2007-11-17 11:37:53 PM
You will respect my authority!!

img131.imageshack.us
 
2007-11-17 11:39:20 PM
polkaroo: Fluffy_the_cactus: Look, all I'm saying is that, in the majority of cases, common sense tends to prevail. There are some instances that don't, and those are the ones the media grabs hold of like a shark on a bleeding swimmer. But that doesn't mean that this kind of thing happsn constantly.

It would be a shame to lose those two, though. I'd rather the INS deport some drug dealers than a couple of hard working folks who are just trying to live and prosper.

Fair enough, though you don't need a tinfoil hat to see that common sense doesn't always prevail. Otherwise, Fark wouldn't exist. In this particular case, common sense has failed for 17 years.

FTA:
They moved to California to be close to Salvacion's family, and in 1990 they applied for U.S. citizenship. During the process, an immigration official accused them of having misrepresented their marital status.

The Servanos were told they would be deported. An immigration law judge, an appeals board and, in 2002, the 9th U.S. Circuit Court of Appeals refused to overturn that decision.


This was in 2002, right? And it's 2007? And are they still in the USA?
 
2007-11-17 11:40:28 PM
This story / the government is so retarded, it baffles my mind over and over again that people want to put their health care, amongst other things, into the hands of federal bureaucratic buffoons like these Homeland security / immigration official / DMV empployee Borg-a-trons who have no brains outside the collective.
 
2007-11-17 11:43:08 PM
GrossDomesticProduct: In any event, it doesn't much matter if a criminal invader has gotten away with it for a long time does it?

Unless you're some tribe of American Indian, I'm going to petition to deport your ass.

We've got plenty of Mexicans around here of dubious legality. But, they clean up their neighborhoods, replace junky lawns with nice gardens, paint and clean their houses and trailers, and open delicious Mexican bakeries. They are a VAST improvement over the rednecky white trash that lived there.

I'm going to run for office on the platform of GIVING jobs to "the illegals," but deporting the lazy bumfarks that they have displaced to Mexico. I'm sure they won't come back and try to claim "their jobs" back, being far too damn drunk, ignorant, and lazy.

Keep the Mexicans, deport the white trash. Mexicans bring a better work ethic, a cleaner neighborhood, and good food. There may be more considerations than "it's the law." The law takes many considerations into account, including how long a "criminal" has "gotten away with it." It's called statute of limitations, and if someone has been here that damn long, any damage they've done is long over.
 
2007-11-17 11:44:37 PM
Fluffy_the_cactus: This was in 2002, right? And it's 2007? And are they still in the USA?

Yea, which means if they WERE some kind of threat, they'd have plenty of time to have done some damage.
 
2007-11-17 11:45:24 PM
palladiate: Fluffy_the_cactus: This was in 2002, right? And it's 2007? And are they still in the USA?

Yea, which means if they WERE some kind of threat, they'd have plenty of time to have done some damage.


Or it means that the court systems realized that they weren't actually a threat, and put their case "on the back burner" so to speak.

Right?
 
2007-11-17 11:45:39 PM
I'm going to run for office on the platform of GIVING jobs to "the illegals," but deporting the lazy bumfarks that they have displaced to Mexico. I'm sure they won't come back and try to claim "their jobs" back, being far too damn drunk, ignorant, and lazy.

Amen.
 
2007-11-17 11:47:33 PM
GrossDomesticProduct: criminal invader ... car thieves ... steal our cars ... beer

Yeah, checking the correct box on the visa application and then making the mistake of getting married in the interim period certainly does put them on a par with car stealing criminal invaders.

This is the sort of bureaucratic bullshiat that everyone complains about when they biatch about the government any yet people are still defending it. Simply astonishing.

/did you fill out your Form 27B/6?
 
2007-11-17 11:54:51 PM
testosterone filled US immigration officials are both incompetent AND vindictive. news at 11!
 
2007-11-17 11:58:02 PM
Fluffy_the_cactus:
This was in 2002, right? And it's 2007? And are they still in the USA?



They probably appealed to SCOTUS and just got notified it was turned down.
 
2007-11-17 11:59:13 PM
Scutter: bannerrefugee:
/yes, I have actually seen all those things happen to water fountains.


Too bad, Dansani for you
I love a short line.
 
2007-11-18 12:16:46 AM
I'm sure glad Homeland security's out catching these people. If they're pursuing trivial bullshiat such as this, it MUST mean they've finally finished securing the homeland, right? Right?
 
2007-11-18 12:19:56 AM
Huggermugger: I don't care how cute or adorable or noble they are. They broke the law, they got caught, they took a chance, and they squeezed many years of US residency before they got caught. Tough shiat.

They did not break the law. Are you lying, or are you just an idiot?
 
2007-11-18 12:21:34 AM
www.tvguide.com

/Stanley Tucci is not impressed
 
2007-11-18 12:22:29 AM
See.. ? Mexicans are smart to crossed the border illegally, they know they get farked by doing things legally, by the book.
 
2007-11-18 12:22:45 AM
Dimensio: They did not break the law. Are you lying, or are you just an idiot?

Probably a bit of both
 
2007-11-18 12:23:53 AM
palladiate: Keep the Mexicans, deport the white trash. Mexicans bring a better work ethic, a cleaner neighborhood, and good food. There may be more considerations than "it's the law." The law takes many considerations into account, including how long a "criminal" has "gotten away with it." It's called statute of limitations, and if someone has been here that damn long, any damage they've done is long over
cleaner neighborhoods? ever been to a major city in the us before? i live in nyc, and white trash isnt the problem here.
 
2007-11-18 12:28:15 AM
cleaner neighborhoods? ever been to a major city in the us before? i live in nyc, and white trash isnt the problem here.

White trash is the problem everywhere else in the country.
 
2007-11-18 12:28:55 AM
drop acid: cleaner neighborhoods? ever been to a major city in the us before? i live in nyc, and white trash isnt the problem here.

I live in central North Carolina. Prolific, filthy, drunken white trash -is- a problem here. I dare say, Mexican immigrants are probably not too much of a "problem" there either.
 
2007-11-18 12:31:04 AM
dave2198: cleaner neighborhoods? ever been to a major city in the us before? i live in nyc, and white trash isnt the problem here.

White Human trash is the problem everywhere else in the country.


Fixed that for ya.
 
2007-11-18 12:34:29 AM
zn0k

Aidan - you should have known that it's against the rules to marry here on a work visa. you're supposed to leave, file for a fiancee visa application, sit out the waiting period, come back and marry. while that procedure may suck, them's the rules. if you abide by the rules, the whole process gets far more painless.

Not quite. Ever heard of "adjustment of status"?

Individuals in the US on almost any kind of visa can apply for permanent residence after getting married by filing form I-485 (Application To Register Permanent Residence or Adjust Status) and having the spouse (who must be a US citizen or permanent resident him/herself) file form I-130 (Petition for Alien Relative). There are a couple of other forms to file as well but those are the two main ones.

The fiancee visa/status you're referring to is the K-1 visa/status, and that's only necessary if the non-US spouse is not already in the US on some other status.
 
2007-11-18 12:37:41 AM
Woops, just a correction to what I just said:

"Individuals in the US on almost any kind of status" (not visa). The two are very different though commonly confused.
 
2007-11-18 12:42:11 AM
drop acid: palladiate: Keep the Mexicans, deport the white trash. Mexicans bring a better work ethic, a cleaner neighborhood, and good food. There may be more considerations than "it's the law." The law takes many considerations into account, including how long a "criminal" has "gotten away with it." It's called statute of limitations, and if someone has been here that damn long, any damage they've done is long over
cleaner neighborhoods? ever been to a major city in the us before? i live in nyc, and white trash isnt the problem here.


You're both right. Poor people are the problem.

Nuke 'em from orbit. It's the only way to be sure.
 
2007-11-18 12:48:19 AM
HMS_Blinkin: I'm sure glad Homeland security's out catching these people. If they're pursuing trivial bullshiat such as this, it MUST mean they've finally finished securing the homeland, right? Right?


You do realize they were caught long before Homeland Security was even some busy body's wet dream, right?
 
2007-11-18 12:54:29 AM
I love it when the very same Republicans who were screaming bloody murder over how Big Bad Evil President Bill Clinton's national ID are now willingly declaring that being stripped of the ability to see your fiancee to the gate at an airport is not the slightest bit invasive simply because the right to see said fiancee to the gate at an airport is not, in fact, declared anywhere in the Constitution.
 
2007-11-18 12:55:57 AM
Just drink the water and everything will be alright.

/Obscure?
 
2007-11-18 12:59:46 AM
I finally got around to renewing my greencard (WAS green in 79) which for me is perm resident,Since this was when I was on the streets I was lucky to find a program that would cough up the $275
Finally got it, Now white, but in a nice way of getting more money the CARD expires in 10, yet I can be here forever

I guess in 10 years I will finally make up my mind where to live (I just wast fast(uncapped) Internet,access to my Auto racing, and a way to get pc stuff at the cheapest cost-that last one is a killer in Aus)
 
2007-11-18 01:01:07 AM
ryarger
You're both right. Poor people are the problem.

Nuke 'em from orbit. It's the only way to be sure.


Just the dark ones, the white ones can be cleaned up.
 
2007-11-18 01:02:29 AM
Who the fark wants to stay in America anyway?

It's full of obese retarded white folk who only exist to provide the majority of stories for Farkers to have a laugh at.


/Race war, here it comes!
 
2007-11-18 01:04:05 AM
GungFu

It's full of obese retarded white folk who only exist to provide the majority of stories for Farkers to have a laugh at.


/Race war, here it comes!


Obesity is an insult?
 
2007-11-18 01:09:01 AM
Nocens: You do realize they were caught long before Homeland Security was even some busy body's wet dream, right?

what they were caught for is BS. Caring about when they were or weren't married is a farking joke. Especially since they did have a formal ceremony after they got here and they applied for seperate visas and got here at seperate times. Also deporting a doctor, one who does a lot of work, is just bad mojo. Of course DHS is a farking joke that desperately needs to be dismantled, along with TSA. Anone who thinks either one does anything more than waste money is beyond help.
 
2007-11-18 01:11:33 AM
Lactose-The-Intolerant: BTW, the whole issue with their deportation is that Pedro and Salvacion Servano declared themselves single on their visa applications. They eloped in the Philippines and married without their parents' knowledge. They never changed their applications, so they were married when they entered the country. This is why tens or hundreds of thousands of taxpayer dollars is being spent to try to deport them. An honest mistake.

nubian please. Any immigrant dealing with residency issues knows damn well how important every piece of information is when applying for residency status.

My mom got her papers just before she got married. She notified the government, my father applied for a visa, and they both had to wait two years before the new papers came and they could emigrate. BTW, neither of them are doctors like this guy and yet they still figured out the necessity of being upfront.

It might just be me and millions of others who did the paperwork correctly, but I think I would be very afraid to give a foreign government false information on my affidavits--particularly if they were basing residency status on it.


/Have family friends who were deported despite having three US citizen children.
//They overstayed their visa while on appeal. They are now back, 15 years later.
///Happens all the time.
 
2007-11-18 01:19:38 AM
outlawmoogle: Meanwhile, 20,000 Mexicans just sneaked across the border as you were reading this comment.

Do they need a job?
 
2007-11-18 01:23:59 AM
FTFA: She operates Sermart, a small bakery and Oriental store on Market Street in Sunbury.

Am I to understand that there is an Asian named Pedro? Cause that is kind of confusing...
 
2007-11-18 01:26:34 AM
cousndick: Deport em, let em stay, I could care less. That's my house and they need to Get Off My Lawn!

I'm going to need a better view of the arse on the chick on the right, as well as a birth certificate, before I make any further judgements.
 
2007-11-18 01:36:10 AM
Dr Servano was my daughter's doctor for a short while. Fine man.

LEt me tell you armchair farkers something. This is about as red-state an area as you get, a huge red stripe through a "blue state." I'm one of maybe 40 democrats in the county. And the whole area is outraged at this bullshiat. We don't exactly have docs knocking down doors to practice here, so the feds owe us one if they actually follow through here.

They did nothing sneaky. Bureaucratic bullshiat, and all you letter-of-the-law parrots know it. Seriously, comparing this situation to a car thief?

You have the head of Geisinger Medical Center (major regional trauma center), the mayor of the city, and our US Congressman all on record opposing this. Oh yeah, and a Homeland Security field agent who knows the case. He's probably out of a job and ball gagged in Guantanamo for publicly questioning the all-wise administration. Yes the case was around for a while, but the current people in charge have a chance to make it right, and they will be deported under their watch.

Chertoff owes us a doctor.
 
2007-11-18 01:36:59 AM
I just wanted to say, by the looks of the family and their names, I knew they were Filipino before reading this thread and it turns out I was right.

/I know you don't care
//but I lose at Jeopardy so I felt vindicated
///And it's Filipino, not Philipino, twits!
 
2007-11-18 02:29:02 AM
WhyteRaven74:
what they were caught for is BS. Caring about when they were or weren't married is a farking joke. Especially since they did have a formal ceremony after they got here and they applied for seperate visas and got here at seperate times. Also deporting a doctor, one who does a lot of work, is just bad mojo. Of course DHS is a farking joke that desperately needs to be dismantled, along with TSA. Anone who thinks either one does anything more than waste money is beyond help.


This case has been going on for 17 years. That's three Presidents. Bush I, Clinton, and Bush II. Two republicans and one democrat. So, you can't blame it on political party.

It's been to court before DHS was ever dreamed up and the ruling was "deport them." It was appealed and denied yet again before DHS was ever formed. It finally went to the 9th Circuit in 2002 and yet again the ruling was "deport them."

The Act that called for DHS' formation was passed in 2002. So no, they really had no hand in the 9th's ruling either.

Now, I ask again, what in the flying fark does DHS have to do with this beyond inheriting the case load?

Or, did you just come in here to rant and biatch about something that's pretty much irrelevant to the case? If that's the case, do you feel better now? Has that weight been lifted off your shoulders? Are you all giddy now?
 
2007-11-18 02:44:37 AM
"Claims he's not from there"
 
2007-11-18 02:54:35 AM
zn0k: Aidan: That's what the government seems to think, too.

of course they did. after all, all work and student visas come with the provision that you agree to not attempt to change your visa status.
marrying a citizen and thus becoming eligible for permanent residency most certainly equates to changing your visa status.

you signed it. *shrugs* you can cuss all you want over how what you signed is unfair, but the fact that you signed it remains.


of course, there is the slight problem that nobody married a citizen and thus became eligible for permanent residency. they married whilst waiting for visa applications to be approved.

/if an American couple got married and tried to go to Jamaica for their honeymoon, only to be refused because they had gotten married since applying for their visas, everyone would be justifiably outraged.
//what is the difference here?
///aside from how long they expect to stay
////why not?
 
2007-11-18 02:54:55 AM
piratepudn: Dr Servano was my daughter's doctor for a short while. Fine man.

LEt me tell you armchair farkers something. This is about as red-state an area as you get, a huge red stripe through a "blue state." I'm one of maybe 40 democrats in the county. And the whole area is outraged at this bullshiat. We don't exactly have docs knocking down doors to practice here, so the feds owe us one if they actually follow through here.

They did nothing sneaky. Bureaucratic bullshiat, and all you letter-of-the-law parrots know it. Seriously, comparing this situation to a car thief?

You have the head of Geisinger Medical Center (major regional trauma center), the mayor of the city, and our US Congressman all on record opposing this. Oh yeah, and a Homeland Security field agent who knows the case. He's probably out of a job and ball gagged in Guantanamo for publicly questioning the all-wise administration. Yes the case was around for a while, but the current people in charge have a chance to make it right, and they will be deported under their watch.

Chertoff owes us a doctor.



If the last court who heard the case says they have to go and the appeal is declined, they have to go.

They can change the rules (still wouldn't help this guy) and unbind the court's hands but Chertoff still has to abide by the last ruling. When this first went into the court system, their fate was sealed by the rulings of the courts. Had DHS been around back then or all these people speaking out for him been around back then for him, this could have been fixed. Once it hit the courts, no amount of string pulling is going to save him after that.
 
2007-11-18 03:08:44 AM
Karma Crusade: "Claims he's not from there"

You farging sneaky bastage!

/not quite obscure
 
2007-11-18 03:09:09 AM
Something else though, the guy has to leave...

However, I'm willing to bet with all these people batting for him including a Congressman, he stays out of the US for less than 6 months as his new app gets fast-tracked back through the system.
 
2007-11-18 04:06:11 AM
zn0k

of course they did. after all, all work and student visas come with the provision that you agree to not attempt to change your visa status.
marrying a citizen and thus becoming eligible for permanent residency most certainly equates to changing your visa status.


Again, not entirely correct. Marrying a US citizen while already in the US makes you an immediate relative of an American citizen, which makes you eligible to apply for permanent residency (ie. adjust your status, form I-485), but that doesn't automatically change your status. Heck, even applying doesn't automatically change your status. You still maintain your existing status (H1-B, L-1, F-1, whatever) up until your application is actually approved for permanent residency.

The only thing it may impact is any attempt to renew your current status should your permanent residency application get delayed for one reason or another, since the act of applying demonstrates some degree of immigrant intent. However, if you're here on a dual-intent visa/status, like H1-B or L-1 (or even E-2 from what I've seen), there won't be a problem even with that.
 
2007-11-18 04:38:46 AM
I have a Philippine wife that I will send back in their place.
 
2007-11-18 06:22:40 AM
Aidan: Not surprised. I came here to the US and stayed for 6 years on a work visa and never had a problem. The moment I got married, I was treated like a criminal. I just mailed off my second set of paperwork (and $545 "filing fees") to the govt to prove that yes, I'm still here after being married 2 years. I get to do it again next year.

Not surprised in the least.


My husband and I were considering getting married in the US (he is German, and I am American) because I have a big family, and most of them couldn't afford to come over to Germany for the wedding. After we saw what they expected my husband to do to get a visa and how much it would cost (fees, legal help, etc.) so we could get married in the US, we decided it would be much easier and cheaper to just do it in Germany.

The immigration part was easy and free, most of the problems was getting the allowance to marry, which was mostly a matter of collecting a lot of pieces of paper and having them translated into German. The biggest problem that I was UK resident rather than a German or US resident, but it was much easier to deal with that than the crap the Americans wanted and was solved by a letter from my UK university and going to the US embassy in London swearing that I had not been married before and was legally able to marry according to the laws in the US. The German system is very bureaucratic, but they don't want all sorts of crazy things like medical examinations.

In Germany, you have the right to family so since then all the immigration things have been rather easy. Just went registered my address in Germany at the city authority after we married, then went to the Foreigners authority and they gave a residency permit and piece of paper that said that I can take German courses for €1/hour. The whole thing took 2 hours maximum, and most of that was waiting for the residency permit to be printed and be put in my passport. My residency permit is good for 3 years, then I can apply for German citizenship or long-term permanent residency. I will probably go for citizenship. I like life more here in Europe, and at least the government doesn't treat people like criminals.

bannerrefugee: shadowwake: not being able to take water on an airplane is about control

There is a simple work around for this. Which is free and easy at most airports. It involves empty bottles and water fountains.

Otherwise your post is spot on.


I tried that, and they took my empty water bottle at Philadelphia even though it was clearly empty and they said I am not allowed even an empty bottle. I don't know if it just an overzealous TSA agent or if that is actually the case, but I wasn't in the mood to argue with him because I had to get up a 4am to get my flight, then sat on a flight for 8 1/2 hours, waited to past immigration for almost an hour, was made to pass security again, and I just wanted to make my final leg of my flight, which I still missed because it took so long to get through security and immigration. (I had almost 2 1/2 hours from when my flight landed and when my next flight was meant to go.)

I really just don't like going to visit my family in US anymore. The immigration officers seem to think I am suspicious because I don't live in the US and I get far more questioning than if I enter the Schengen area in Europe. The Germans and French just say hello, scan the passport, scan the residency permit, hand back my passport and let me go. The Dutch will smile at you and have a nice little chat with you while they wait for the machine to read the passport and residency permit. When I get to the US, I get questioned for a good 15 minutes even though I am citizen. That makes sense.

I know several people that would like to visit the US but have decided not to because they are worked about having to deal with US Customs and Immigration officials.
 
2007-11-18 06:42:44 AM
""I love it when the very same Republicans who were screaming bloody murder over how Big Bad Evil President Bill Clinton's ""

Thatz cause mean Mr Clinton ain't their daddy.
 
2007-11-18 07:48:13 AM
i216.photobucket.com
/ Rico is not amused
 
2007-11-18 08:58:01 AM
Fluffy_the_cactus: This was in 2002, right? And it's 2007? And are they still in the USA?

You really should read the article.

The couple won't be taken away next week, only processed, said Immigration and Customs Enforcement spokesman Michael Gilhooly. But they've had their due process and ultimately must go, he said.

Don't interpret the delay as a positive thing. It's actually because the system is so inefficient.

Remember the Shiavo case? Her husband filed the petition to remove the feeding tube in 1998, but it didn't actually happen until 2005.

The immigration system is slow. The legal system is even slower. Combine the two and things tend to take a while to resolve.
 
2007-11-18 09:47:17 AM
zn0k: Aidan: That's what the government seems to think, too.

of course they did. after all, all work and student visas come with the provision that you agree to not attempt to change your visa status.
marrying a citizen and thus becoming eligible for permanent residency most certainly equates to changing your visa status.

you signed it. *shrugs* you can cuss all you want over how what you signed is unfair, but the fact that you signed it remains.


They didn't marry a citizen they married another immigrant making not an attempt to gain residency or change their visa but a small error. When they signed the document it was valid it simply changed. Whats more the stipulation that you have to leave the country in order to file for a new visa is shear idiocy and the jackass senators and representatives who put that in the law should should gain scorn and derision.
 
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