Eugene Sherman reports that Yana and Katia Khrapko are being processed for release this evening! Neil Clark, the USCIS Detention director, released them into Serguei Khrapko's "custody."
Just to re-cap, the Khrapkos were put in detention in Tacoma because their attorney failed to file a motion to dismiss a deportation order while their I-130 adjustment of status was in process, and told them to ignore the notices they received about it. With the father a homeowner and a citizen and the whole family employed, and given that this was a technicality, holding them in detention was unnecessary, but the bureacracy moved slowly: they were incarcerated since Easter.
Many thanks to everyone who supported them! Their new, brilliant attorney Carol Edwards (who undid the damage done by the former one's carelessness), was on the Kirby Wilbur Show a few weeks ago to bring attention to the case, and the Republican Radio team, Rabbi Lapin and others worked hard at vouching for the Khrapkos.
Yana called our office while she was in detention, and while she had a good attitude about everything, it was obviously a hugely difficult place to be. Very limited visiting hours, nothing to do, horrible food... the other detainees were there after being in jail for criminal activity. They all said the conditions were much worse at the detention center.
Yana has found a new career path after this: immigration law.
Posted by Brian Crouch at May 04, 2005 04:56 PM | Email ThisThe only statement that has caused me to rethink what should have not been done to anyone in their situation, is one that the foood is bad!
I have not been there, but I am willing to be proven wrong, that the food served where ever they were at, is equal or better than the vast majority of this world eats everday and I know from personal experience. That many of those people would be happy to exchange postions.
Leave off the stupid statements, such as food quality and they will win my heart. To complain, when in most places where they could be held, they would be fed, what even hogs would consider slop is trying to get the "willing to hate the US" group to agree, the US is a bad place.
As with many of us in the US, if that is your real basic feeling about this country, where you were not born, than the road goes both ways. And, if you will tell me what airline you are leaving on, to go back to the place which is better, I will come and give you a departing flower arrangement.
Posted by: Willis S. Cole on May 4, 2005 06:13 PMCan you also disclose the name of the careless/irresponsible lawyer? He should bear some professional consequences for his actions.
As for Yana - I am glad it worked out, but I agree with Willis S. Cole, she shouldn't be complaining about petty things like food or being board, or even being mingled with criminals - that's what detentions are for. Sure, she should not be detained in the first place, but she should also realize that a detention center is not meant to be a vacation resort.
Yana and Katya have been the victim of a complex and usually unforgiving system, as well as a lot of bad legal advice and mistakes on their father's part. The whole family would have received green cards six or seven years ago when Sergei got his diversity visa. Unfortunately, Sergei only applied to adjust his own status and neglected to file for the rest of his family (maybe not seeing the need to do so, since everyone was already in the United States.)
If Sergei had done all the paperwork right back in 1998 or so, then the whole family would have been proudly sworn in as citizens back in March 2004. Instead, the rest of his family has had to worry about deportation this entire time, since the alternative basis of claiming political asylum was not successful.
When Sergei became a U.S. citizen, it gave him a second chance to petition for his wife, daughter and son to stay in the U.S. Obviously, it is better to stay here than to be deported, but his family members will have to start the five year wait for citizenship eligibility from the beginning once this application gets processed.
What we really need is real immigration reform. The system needs to work properly and fairly.
The Khrapkos originally came here from Russia in 1994 or so, claiming political asylum. We have far too many people claiming asylum, and we cannot accomodate them all -- even if their claims had merit. These asylum claims need to be processed more quickly, and people who lose need to be moved out of the country more quickly.
On the other hand, Sergei Khrapko won his diversity visa fair and square. The system should not have been so unforgiving when he neglected to apply for his family members timely. Obviously, if everyone was still in Moscow, he would not have forgotten to get everyone visas -- otherwise, he would be coming to the U.S. and his family wouldn't be. If the law was fair, his family members should be getting their citizenship today, instead of waiting to get permanent residency approved for a different reason and then waiting at least five years after that.
I really don't have a problem with people openly coming to our country to visit if they register properly when entering. The major problem is that we do almost nothing to get rid of people who overstay -- and pretty much let them work as well. Mexicans aren't the only people who enter illegally or overstay from a legal visit. There are lots of Canadians, Britons, Russians, Asians, and Africans as well.
Eric has a good point. If he didn't file for a permanent green card for his wife during the exact 90 day period allowed under the law, his wife would have to leave the USA -- generally with no ifs, ands, or buts. He would then have to apply for a new immigrant visa for his wife -- which he would be automatically entitled to without any "waiting period" -- but would probably require 18 to 24 months to be processed, simply because our system is so inefficient.
M&M has the right idea, but may not fully understand things. Cousins of citizens have no special preference. Only children, parents and siblings have a preference. But if there is a large family, within ten or fifteen years, you can have dozens of relatives immigrate. By that time, you can have lots of cousins of course.
We should get rid of illegal immigration by getting rid of illegal immigrants. Only minor children and spouses should be given a special preference for relatives. Our remaining desire or tolerance for immigration should be competed for by honest people who want to come here, especially if they have special skills. Instead of the current reliance on illegal immigration, which tends to bring desperate and dishonest people who have little to lose in their home country.
Posted by: Richard Pope on May 6, 2005 12:36 AM