I'm American. My wife is Argentine. We live in Argentina in large part because when we wanted to marry in 2006, we couldn't get her a permanent visa to live in the USA.<p>Her fiancee visa was in fact quickly approved, pending an interview at the US consulate in Buenos Aires. We waited and waited, called, had our lawyers call, and the response was always "when the consulate is ready to make an appointment, they will call you." They never called, leaving us in limbo for over a year and saddled with thousands of dollars in legal fees.<p>Eventually we grew tired of the uncertainty. I moved to Argentina, we got married, and we've lived here ever since.<p>Argentina is not perfect. But the legal status of foreign residents here is much clearer than in the USA. As the husband of a citizen, permanent residency was automatic provided I didn't have a criminal record in my home country (I don't). I am allowed to vote in municipal elections. And, now as the father of an Argentine citizen, citizenship is also automatic if I want it.<p>You might think that Argentina can afford to be generous with immigrants because it has nowhere near the load of foreign residents that the USA does, and to an extent that's certainly true. But on the other hand, Argentina has fairly large immigrant communities (from Peru, Paraguay, Bolivia and China), more social welfare services (basic healthcare is free here), and a lot less financial resources than the USA.<p>Having now lived somewhere else and been on the "other side" of the immigration issue, I feel indignant and outraged when I read about how my country treats non-citizen residents.
As a kid I always wanted to go to the USA, maybe even live there. So many things to see, the business opportunities and the propagated freedom were very attractive.<p>During the last decade though, the USA have done a fantastic job of eradicating every bit of what was left of this dream.
Nowerdays all you hear from them is how Hollywood is destroying little guys' lifes for downloading a bunch of songs, exporting those policies with force to other countries, insane financial schemes and starting several wars.<p>Right now I am planning a trip to Japan. A country, which was hit by a nuclear meltdown crisis, floods, earthquakes and more. I'd still choose it over going to the USA any day. Maybe that's something to think about.<p>The USA are going down fast and it doesn't look like there are changes in sight in regards to their handling of immigrants, the wars or the rampand self-made economic problems.<p>And that is a shame.
An interesting factoid. There is no legal way for anyone to just come to US and make it their home country.<p>Say someone from Africa or South America. They can't simply save enough money, get on a plane, land at JFK and then after 10 years or whatever time become citizens. They would have to be persecuted in a terrible way before being granted asylum, have to marry a US citizen, find a company that would hire them.<p>I think that is very interesting given that this country was founded on immigrants just hoping on the boat and coming here, either to build a better life or because things got terribly bad where they were.<p>I personally went through the whole process and it is a fucking mess. I knew how to deal with it, because I dealt with bureaucracy in the old country. I can sense an annoyed low level clerk's power trip coming on before they notice it. Such individual need special treatment. You never want to fall into anyone's cross-hairs, it seems like they would destroy you just because they can.<p>Also know someone who works for immigration. It is quite a dysfunctional entity. Very inefficient. Lots of internal mistakes, unpaid interns do the job searching through databases and picking people out for violations & deportation. Next time you know someone was picked out -- chances are some kid thought their last name sounded funny and it caught their attention.
US immigration sucks. What bugs me most is that the US is founded on immigrants, so it's basically the descendents of one group of immigrants telling those 'late to the party' that they can't enter, or in this case that they have to leave.<p>To do this to someone that has been there for a lifetime and then some is ridiculous.<p>Too many lives have already been wrecked to satisfy little minds and to get stamps on pieces of paper.<p>Immigrants like these are the ones a country should hope to receive, not to turn away at some arbitrary future date for bureaucratic reasons only.<p>Disgusting.
I hate to say it but from a brief reading of the information, it sounds like their asylum was first denied back in 1997, and they've been fighting it ever since. They certainly have the right to fight it, but it's been an uphill battle for almost 15 years, so the outcome certainly doesn't seem like a surprise.<p>The person is obviously a great entrepreneur, he probably should have just left on his own accord instead of fighting it to the point where he's thrown in jail.<p>The ridiculous thing is that he's in the US, paying his taxes, creating income, etc.... why throw him out? I suppose it's because he applied for asylum that was denied, and they are throwing him out to prove a point, but the entire thing is just counterproductive to what we want in this country.
Maybe I'm missing something, but I don't see anything in the linked post about "meeting quotas".<p>Can we please avoid making headlines unnecessarily hysterical?
From the Case Summary:
"Atanas Entchev (“Entchev”) entered the United States in August 1991 as a
nonimmigrant exchange visitor on a J-1 visa. His wife, Mayia Entcheva, and son, Enislav Entchev, entered the United States in 1992 and 1993, respectively. They were authorized to remain in the United States until July 30, 1993. Before their authorization expired, the petitioners applied for asylum. Entchev argued persecution based on his political beliefs in opposition to the Communist party, which ruled Bulgaria until 1989."<p>So they applied for asylum on political grounds in 1993, because the Communist party was dethroned 4 years earlier. Well...
I'm the son of an immigrant and married one as well, so I'm quite sympathetic....but....he has not explained why his status changed from being legally in the U.S. to some other status....
And reactions at <a href="http://mapbrief.com/2011/10/19/political-hypocrisy-economic-ignorance-the-case-against-atanas-entchev/" rel="nofollow">http://mapbrief.com/2011/10/19/political-hypocrisy-economic-...</a> and <a href="http://blog.entchev.com/2011/10/17/a-call-for-help-for-atanas.aspx" rel="nofollow">http://blog.entchev.com/2011/10/17/a-call-for-help-for-atana...</a>
I'm an Australian, currently living in the US on a green card via being married to an American. While I sympathize with his plight and I also strongly believe that when you choose to enter a country, you should respect it's laws. He did willingly come to the US and overstay his visa, so therefore broke US immigration laws. Now I don't necessarily agree with the US immigration process, I believe it's rather tough and unfair not to mention a little demeaning and insensitive.<p>What do you do though, the immigration system doesn't seem to be set up to handle exceptions. Once you make one, you have to grant exceptions to others. It's a tough dilemna, Atanas has been seemingly a constructive member of society, hopefully paying taxes along the way. It would be a shame in this sense to punish such a person.
I know this is an unpopular opinion but, having worked for the government and as an attorney I think it is always sad when families are deported but it is not outrageous. The laws are the laws and they apply equally to (almost) everybody. When people over stay their visas they have broken the law, there is no getting around that and no amount of hard work, tax paying or community involvement can change that. People are arrested and jailed everyday under inequitable laws (crack/cocaine sentencing discrepancy comes to mind) but the way to fix it isn't to get caught up under that law and complain about it.<p>It's unfortunate that this man will have to relocate but I feel more sympathy for his son than him.
As much as I sympathise with the guy for going through all this I can't help but think that it's all his own fault.<p>USA, like many countries, has a strict immigration system in which you must play by the rules and follow the process to become 'legal'. Just living in the country is not enough, you must apply for residency by qualifying in some way.<p>Unfortunately, it's quite tough to qualify to stay in the US for most people. Skilled immigrant visas are notoriously difficult to attain (there's no simple points system like Australia for example) and so you must look to marriage to a citizen, asylum or the green card lottery. If you think marriage is the easy choice you'd be wrong too.<p>As someone who is going through the process right now, it can be difficult, expensive, depressing, demeaning (having to prove your relationship is 'real') and downright frustrating but right now that's the way the system works so you must work with the system. This guy obviously didn't and now he's paying the price.
Shame is that this guy is most probably Bulgarian and he holds the burgundy passport, which enables him to do his trade almost all over Europe (except for Belarus, Moldova, etc) without having to deal with any bureaucracy or the 'you dirty outsider' attitude.
I really don't get it what so many people see in the US.
We have the same issues here in Austria, it always feels backwards when somebody well integrated gets kicked out "because the law is the law". It's also one of the main tools for populist politicians to mine for votes ("Fear!"). Although it might seem to be a complicated issue in the end it's not. It's just plain stupid.
> ... <i>our 18-year immigration ordeal</i><p>I wonder what this is referring to and how it reconciles with<p>> ... <i>living legally in the United States for over 20 years</i><p>Something tells me there's more to the story than what's in the linked post.
I really feel sorry for him and his family.One more victim of the stupid, time-consuming US immigration laws.I completed this immigration ordeal and witnessed many of my friends in immigration limbo.It is an extremely difficult, frustrating and time-consuming experience, not to mention it sucks whatever you earn.<p>There seems to be some confusion related to his legal status.He entered US legally and applied asylum for him and his family.During this period, they are in legal status. After they apply for asylum, they have no control or information over that process.If the immigration process was fast enough, none of this would have happened.When the immigration rejected their application after a long time, they filed an appeal which was rejected again.Now they have run out of attempts via the asylum option and are being kicked out. I hope they can try some other category.<p><rant>
The immigration process, with so many different categories and quotas, is a huge bureaucratic mess. The are still using papers and just recently started using online documents for some processing. It is the second highest profitable government agency minting money out of immigrants. The process can be streamlined and made faster even with the current policies. But who cares about legal immigration anyway? Let those "aliens" stand in line and wait forever. I personally know many friends and families living with constant fear and uncertainty for almost a decade or more.<p>The policies and rules are just too confusing and inconsistent.Two identical immigrant families can go through completely different process, duration and rules depending on whether a knowledgeable or ignorant immigration agent processing their files.
</rant>
This seems extremely harsh to me. And also stupid not to value this man's contribution to the U.S.<p>In 2004 I arrived in Spain as an American and found a programming job at the international division of a sizable U.S. company. But everything was under the table, and that company did not want to sponsor a visa for me. But even when I was illegal in Spain I still had access to better free health care than the uninsured do in the U.S.<p>Fast forward to 2008, I was still living in Spain and had done some great work for a unrelated startup that was purchased by a much larger U.S. company. I was still in Spain illegally, but this major U.S. company on finding out my status was willing to help me out in any way to become legal here.<p>Spain has something called "Social Normalization for Exceptional Circumstances" which means if you have been in the country for three years illegally and have a company sponsor you, they will give you a work visa. You also have to be integrated in the community and speak the local languages well. So in 2008, this major U.S. company paid a lawyer and helped me through that process, something that I am exceptionally grateful for. During the time I worked for this company, my work helped bring in millions of Euros of contracts to the international division of this company in Spain.<p>Now in 2011 I still live in Spain, have the freedom to change jobs or work for myself, and after 7 more years I could become a citizen here, on the condition that I am always working and living in Spain during those years. That means 15 years from illegal to full citizen. I doubt I will stay that long, and don't actually plan on becoming a Spanish citizen, but knowing that if I had a family here and have that option is amazing. Now I am happily working for a Spanish university research group, fully legal.<p>And I have to say, I think it is disgusting to take a man, and especially his son who has lived in the U.S. since the age of two and treat them like criminals when the father has been actively contributing to the U.S. economy in one of the areas that the U.S. excels at. To criminalize this contribution is to spit in the face of all those immigrants who became American and made America what it is today.<p><i>And it is also denying the basic human rights of this individual.This clearly violates Article 15 of the Universal Declaration of Human Rights</i>:<p>Article 15.<p><pre><code> * (1) Everyone has the right to a nationality.
* (2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.
</code></pre>
I strongly believe that 20 years of crime free residence and contribution to a nation deserves citizenship, and if I choose to, that is what I would receive in Spain after starting here illegaly.<p><i>Edit: As noted in the comments below, actually this does not violate Article 15 at all. I still stick with my conclusion though.</i>
Another funny thing about US immigration law is, that if you are an international student in the USA (on an F1 visa) you are entitled to work only for the university that has issued you this visa. For everything else, you have to use your OPT (Optional Practical Training), which is a pool of twelve months, that you can use to work for somebody else, while holding an F1. I will not dig into details such as the fact that it costs about $400, and it takes ~ 2 months to apply and be allowed to use a chunk of your OPT.<p>If you are an international student and not on OPT, you cannot legally work full time/part time/do an internship with the startup your friend just launched (or any other company, on this note). You may want to risk spending your months, or doing some other jazz, and then try to figure things out, but as we can see from the case at hand these maneuvers do not work out well for everybody.<p>As for sponsorship, from the employer's perspective, the whole visa sponsorship application process costs about $10k, which is not little money for a small company.
Flagged, title is misleading. Nowhere does it say anything about quotas. The person claims to have been in the US legally for 18 years, but if you read the lawsuit, it's far from being clear, on the contrary. He has filed appeal after appeal, maybe timely, maybe not.
Immigration lawyers love to to offer asylum because these cases can go for decades and anyone can "participate". It also looks attractive to the prospective immigrant when an alternative would be to go through EB or investment immigration. However, if you are deciding to seek asylum on a lawyer advice you are most likely not qualified. Real refugees don't become refugees voluntarily. They also don't have lawyers.
Yes, it's much easier to claim asylum than go through non-fraudulent immigration. However the consequences of an asylum case falling through are also much harsher.
USA's immigration laws are pretty hilarious when you remember the majority of the population are immigrants themselves who pushed the natives out the way all those years ago. It's a country founded on immigration.
Reminds me of this amazing story of the undocumented journalist:
<a href="http://www.nytimes.com/2011/06/26/magazine/my-life-as-an-undocumented-immigrant.html?_r=1&pagewanted=all" rel="nofollow">http://www.nytimes.com/2011/06/26/magazine/my-life-as-an-und...</a>
People here arguing that the US should accept more immigrants from all over the world because "the US has been built on immigrants" need to get their facts straight:<p>The "National Origins Formula" was only abolished in 1965. Before 1965, US immigrants were 90+% white.<p>[1] <a href="http://en.wikipedia.org/wiki/National_Origins_Formula" rel="nofollow">http://en.wikipedia.org/wiki/National_Origins_Formula</a>
[2] <a href="http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965" rel="nofollow">http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act...</a><p>This is fact, not opinion.<p>I'm not arguing a certain side here, but want to point out that those who say "the US has been built on immigrants" might be nostalgic to a past that never existed.