View Full Version : A Face of Legal Immigration Gone Wrong

05-31-2012, 09:00 AM
Story of business couple's struggle towards PR.

Dianne E. Stewart: I Am Undocumented: A Face of Legal Immigration Gone Wrong (http://www.huffingtonpost.com/dianne-e-stewart/immigration-reform-undocumented-immigrants_b_1435199.html)

They also have a site, i have been following when i had my I140 (Eb2) denial few years back.

Keep the Stewarts in Charlotte (http://www.keepthestewartsincharlotte.com/index.cfm/p/home.htm)

05-31-2012, 02:02 PM
I do not understand why they overstayed ? There are loopholes in this story and just because they feel they are elite of the elite doesnt mean you can ditch the immigration laws and are entitled to get legal status. Thats just not how it works in USA. They should have gone to Australia or Canada where immigration system is much simpler and not so chaotic compared to USA.

1. Why did they bought home when they know they are not permanent resident ? Even permanent residency doesnt guarantee you stay in USA unless you become a lawful USA citizen. And even if you got one, you should be prepared to abandon it , if needed.
2. If their kids were in college and they were not legally here, they can always try to get F-1 visa.
3. If they grew up in South Africa as stated, probably they lived decades in that country which use to be their home and now when they came in USA and lived here for 10 yrs, they started feeling this is their home !! Which is not. If you are a legal immigrant and intend to be one, then you do not overstay. Period. You have to , have to maintain your status and there is no exception about it. There are so many people from Mexico who came on agriculture, visitor etc. type of temporary visas and overstayed and now they are illegal !!! So are they entitled to say that we lived here for 6 months, 1 yr, 2yr whatever and now USA is my home and what do I do as I have established job here ? There is no rule that you stay in USA for 10 yrs and now this is your home.
4. They are not refugees or seeking asylum, so why not go to your home country and try to come back legally again if you still want to stay in USA.
5. I do not read if they ever attempted to file for GC, if not then what do they expect !!

Yes, I do understand what they are trying to say here. They are trying to question the basic infrastructure in place and already established immigration laws. But, laws are laws and you have to follow them doesnt matter who you are .!! Just because you got some recognition and you did good for the community doesnt mean you are entitled to break law. I agree that immigration system is broken here as of now, but they should have kept up to date about it.

I just read another thread where one member was asking if they need to carry immigration papers with them just because they are going to pass thru Arizona ??? I was appalled by this question, BUT , its important to know. This is how much people are careful about immigration and respecting/abiding (even though they might not agree) to the law established by that particular state that you can be frisked and if proper papers are not provided there will be consequences.

I am here from 99 and have renewed my H-1 about 6-7 times, so does that just make me entitled to get a Greencard without really filling for one or doing anything about it , NO !!

05-31-2012, 02:26 PM
They applied for GC, they were denied and there were MTRs and appeals and their previous lawyers duped them and all. Read the 2nd link.

05-31-2012, 02:28 PM
Have you read the article? Fraudulent immigration counsel caused them to overstay.

05-31-2012, 02:46 PM
Have you read the article? Fraudulent immigration counsel caused them to overstay.

Sorry about that.

I went thru the second link now. GC issue for them was resolved in 2007 and they were able to file it again. As per below paragraph, USCIS rejected their application stating that you cannot get L-1 if you were the owner of the business and not an employee. So, this depends on how THEY applied for L-1 and how conditions for L-1 were satisfied at the time of application. These are still all technical issues and "one of a kind" case where they became victim, but this part of the problem was resolved by Mar 2007, after this , since 5 yrs they know they dont have GC, so they cannot just establish themselves.

After living legally in the USA since July 2001, our application for Permanent Residence was "granted" in 2006 ... our joy ended when we discovered that our US Immigration "attorney" who had "applied" for our Permanent Residence was a crooked con-artist who had forged our approval notice, stolen our money and left us out-of-status. Senator Richard Burr and his staff members resolved the issue of our lapse in Visa Status with the US CIS in Vermont in early 2007.

This allowed us to apply for an adjustment of status from Non-Imigrant to Immigrant Status as well as to apply for Permanent Residence. This was applied for in March 2007, denied in January 2008, appealed in January 2008, referred to the Administrative Appeals Office of the US-CIS in March 2008, dismissed in December 2008 and re-appealed with a 900-page appeal brief in January 2009. In dismissing the appeal, the AAO ruled, inter alia, that the US-CIS erred in granting us an L1-visa in 2001, and all the renewals since then. Basically, in denying our permanent residence application, the US-CIS Service Center in Nebraska ruled that my job as president of Speed Reading International was not "complex" enough to be classified as an executive (although I have managed and operated this business for 33 years). Then in dismissing our appeal against this decision, the AAO ruled that since I own the parent company in South Africa, I cannot be an employee of the subsidiary company in the USA -- as I cannot be dismissed -- and thus I should never have been given an L1 executive-transfer visa in the first place!)

06-01-2012, 06:11 PM
its not broken, People who are not trained are adjucating our cases.Each service center follow different rules. Especially California Service Center(acting like Dictator), applies laws that are still under making on cases. Especially asking for H1B Amendment for location change. And applies that law on past years. And states we are misusing the non-immigrant status and revokes from past dates. How can we Travel back in Time? And we should track their dreams too.. If they dream about some law , we should start following that... I am victim of of one those idiotic decisions. Now spending Time and Money to fight against their insensible decision.