Just a quick update. This will hopefully be our second to last post! Please tune into the final post in a couple of weeks.
We received word that USCIS approved Hoa’s Green Card application on Monday! We now need to have the judge terminate the deportation order and give us official notice that we can move forward with our lives.
American analogy: This is the equivalent of being up 3-0 in the World Series. The headlines are written, the t-shirt designs are complete, but we can’t yet roll the printing presses. (Go Cubs!)
Vietnamese analogy: Up 1-0 in the 91st minute, we have the ball and we’re just waiting for the referee to blow the whistle.
So we don’t want to jinx it, but we are very close. We are thrilled to have come this far after such a difficult struggle. Your support continues to give us much strength.
As you know, yesterday was our Green Card Interview with USCIS (United States Citizenship and Immigration Services), under the Department of Homeland Security. After weeks of preparation and excitement, we left the interview without a firm answer. The officer representing the U.S. government, was unable to make a decision because he did not have our case file. Apparently, at the time of our interview, our file was in transit from the National Benefits Center in Lee’s Summit, Missouri. He did say that everything looks fine, but he will have to wait to review our file. This could take a week or two, with a decision following quickly, or within 3 months. Overall, we take this as a positive sign. Although, it did not bring us the result we were looking for, no negative action was taken against us.
If we do receive Hoa’s Green Card, then the final step will be to request a removal of the deportation order from the judge upon the grounds that Hoa has attained Long-term Permanent Residency through the granting of her “Green Card”. Our lawyer is optimistic and does not believe we will be denied at this point. However, we still have the deportation order to contend with, so we hope that Hoa will not be deported in the coming days/weeks. Deportation seems unlikely however, as we have come so far since Hoa’s incarceration last August with her subsequent release on October 21st. Plus, we are realistic people, but want to think as positively as possible about our situation.
Aside from this chaos, Hoa and I try to lead fairly normal lives. I continue to enjoy the remodeling business, and Hoa continues to fill her time with volunteering opportunities, as she is not currently allowed to work. We are enjoying the signs of spring here in Minneapolis as the grass greens and evening walks can become routine again.
Most importantly, we thank you for your continued love, prayers and support. It means a great deal to us to know that we were not alone in the interview, but supported in many ways from many places.
We will keep you posted and we look forward to the day when our updates, rather than this website, will be via email, facebook and Christmas cards.
We received notice last Friday (2/5/10) of our Green Card interview, which will take place on March 18, 2010. There is still a possibility of deportation, but we are thinking positive. We have come so far! If we pass the interview and the Green Card is granted, our case will be resolved and we will be allowed to move forward with our lives! Hoa will be able to work, we can travel as we like, Hoa will no longer be under supervision, and the path to citizenship will begin. An end to this case will surely be a huge blessing and a wonderful way to contrast the happenings of 2009.
There have been so many twists and turns in our case and we thank you for supporting us through them all. We hope that this is the last of the major steps toward living freely. We hope you all are well and we continue to enjoy hearing from you!
Today is a big day for Hoa and me. It is Hoa’s 30th birthday and our 1st anniversary. We celebrated our marriage a year ago in Viet Nam surrounded by friends and family. Little did we know what was to come. It has been a difficult year but one that has given us the strength to withstand tremendous circumstances. [In order to keep our hearts light, Hoa and I joke that the way to make it through the first year of marriage is to spend 9 weeks of it apart.] We look back and think of how blessed we are to have had such encouraging support throughout this ordeal and we look forward to being able to move on with our lives.
As far as moving forward, we have applied for Hoa’s Green Card, which will allow us to be together in the U.S should it be granted. If it is granted, then Hoa will not have to deport to Viet Nam, and we will be able to continue with our lives as we choose. The deportation order still stands, but we are hopeful that the Green Card interview and subsequent adjustment of status will come through before that is necessary. To our understanding, the interview should happen before the end of March.
Your continued support, encouragement and prayers are much appreciated and have helped greatly. We know that our second year of married life will be easier, the third more so, and perhaps we’ll be down right dull by year four We will keep you posted with updates as we know of them or ways you could help. We hope this finds you doing well in the New Year and enjoying time with loved ones.
We write to you from snow-covered and cold Minneapolis. We hope you are warm and encouraged by upcoming visits with family and loved ones during this festive time of year.
We want to pass along a few updates. First, after consultation with our lawyer, we have withdrawn our appeal. Our chances of success with those efforts were minimal based on historical precident. However, we have filed Hoa’s adjustment of status, which could potentially allow her to obtain her Green Card and subsequently resolve our immigration issues. This effort gives us great hope that at last we will be able to go about our lives freely and as we intend.
In addition to our case, please consider signing the following American Families United petition. The petition is an effort to reform the waiver system that currently separates families of U.S. citizens. For far too many minor violations, the immigration system’s only response is long-term or even permanent bars against admission to the United States. Hoa and I still face such bar with her current deportation order. Click on this link to sign a petition and read more. Please pass it along to all who might be interested.
In order to support this effort, we are hosting a fundraiser at our house for a local food shelf and American Families United (AFU) on December 19, 2009. Please attend if you are able, donate to AFU and/or your local food shelf. You can find out more about this event via Facebook.
We want to thank you for your encouragement concern! Although our situation is not resolved, we find continued strength in your support.
As the holiday season is upon us, we are thankful for your continued support that has helped us get through the most difficult days of this past year. We just spent Thanksgiving with our family in Illinois, and we were grateful to be with our loved ones. We hope this note finds you doing well.
Read Garrison Keillor’s weekly newspaper column that made mention of Hoa’s situation:
Hoa and Dan continue to enjoy their reunion and are thankful for the beautiful sunny fall days that remain warm enough for them to take long walks around the neighborhood. They have been spending much time reconnecting with their supporters – wonderful friends and family members who have helped them in various ways during this difficult period.
On the legal front, Hoa and Dan are still working toward the objectives mentioned in the previous post. Late last week, they received an email message from Representative Keith Ellison’s office, stating that they are still in touch with ICE and Department of Homeland Security about Dan and Hoa’s case. Hoa and Dan stay hopeful, knowing that more efforts are being made on their behalf.
Dan has returned to work full-time and Hoa will start volunteering at Urban Arts Academy, a Minneapolis NGO providing after-school arts and academic activities for preschool to middle-school aged youth. They both look forward to a little travel to see Dan’s extended family during the holiday season.
As always, Dan and Hoa are thankful for your continued support and concern.
Hoa and Dan are thrilled to be together and do not expect that joy to subside anytime soon. They met with their lawyer on Monday to figure out what is next for them in the legal process. Although it is wonderful to be reunited, Hoa and Dan are still facing the same legal situation as before Hoa’s release. That being, the deportation order still stands, and Hoa is facing bars from the U.S. of 3, 5 and 10 years. This continues to be the “elephant in the room” as Dan and Hoa enjoy their company together. In order for these bars to go away, it is necessary for DHS to agree to one of the following:
1. Re-open their case and drop charges against Hoa.
or a compromise of:
2. Re-open their case and allow Hoa to voluntarily deport to Vietnam and Visa process from there, with the understanding that Hoa’s 9 weeks of incarceration and her seperation from Dan is punishment enough, not to mention she will return to Vietnam on her own volition.
There is the hope and legal recourse that Dan and Hoa would be allowed to have the bars waived through legal efforts after Hoa returns to Viet Nam. Their lawyer feels confident about their chances with this waiver. However, there are no guarantees without the charges being dropped.
If you have a moment, call your representatives and request that they contact DHS and have their case re-opened, especially if you live in Representative Keith Ellison’s district. If you live in Minnesota, you can contact Senator Klobuchar’s office.