Everything we ever learned from the U.S. about truth and justice is suddenly being deprived of any meaning by the U.S. itself. The hardest part for us is believing that everything we’ve based our lives on – the American way, has no merit.

I was deported from the United States of America on February 18, 2005. I lived there nearly 30 years since I was 20 months old, when my mother crossed the Rio Grande into the country with me illegally. I was given an opportunity to become legal under the NACARA law but was to afraid of being deported like Maricela Soza was under the same law and didn’t go through with the entire process. I have both a husband and a son who are U.S. citizens but I am permanently prohibited by Immigration law from immigrating to the United States, while at the same time I am allowed to visit. Due to my drug-related offence of more than 30 grams of Marijuana. It’s Immigration law’s contradicting policies which I find disturbing.

U.S. Immigration is concerned with their citizens’ welfare but it is denying my husband’s and my son’s requests to have me back by their side for good. Although Immigration law will value my wish to receive admission into the United States. Needless to say I prefer returning, immigrating and remaining in the country by my family’s side. That’s not taking into account the fact that I am still homesick and continue experiencing culture shock in Nicaragua. What the Department of Homeland Security is doing to my family and I is cruel, inhumane and unpatriotic. No free country’s government has any business deciding how families should be formed or whose personal choice is agreeable or not. Like that of my son’s and husband’s choice to overlook my shortcomings and begin our lives over together again.

The 212(d)(3) Waiver allows a visitor’s visa into the U.S. to be issued to an Alien like me if I show evidence of rehabilitation such as becoming a practicing professional with a U.S. job offer. Sometimes with lone proof of a bank savings account, school registration and satisfactory travel record. On the other hand there isn’t one waiver available to Alien Immediate Relatives of United States Citizens who wish to rebuild their lives with an Alien deported for any drug-related offence of more than 30 grams of Marijuana. Not only are my son’s and my husband’s needs being ignored but my needs are being placed before their own. An act I dare name TREASON.

How much more is the United States citizens’ welfare secured if an Alien with an undesirable drug history enters the United States merely to visit and not to immigrate? I don’t see the problem when there are already Aliens deported with a drug offence among you visiting at this moment. How much more will it hurt to allow their U.S.C. Immediate Relatives (parents, spouses and children) to have them remain permanently and legally by their side in their country? Shouldn’t all United States citizens’ needs and rights within and from their country – such as my husband’s and my son’s, come before any Alien’s need or right to receive admission into the U.S., including my own? Also, shouldn’t Family-Based Immigration take first place over “Alien travel” for any reason?

I regret to say it’s these types of injustices with devastating consequences to the recipient’s and his/her immediate relatives’ personal lives remaining raveled, much more unacknowledged that play a large role in the cause for conflict concerning
disloyalty toward the U.S. and unpopularity of the U.S. among U.S. citizens and foreign nationals inside and outside of the United States. I trust that once this oversight is brought to DHS’s attention they will not knowingly continue punishing my husband and my son for loving me, an Alien who once stumbled while attempting to survive in the U.S..

I am afraid to imagine how many individuals involved in cases like my family’s and mine go on thinking that the U.S. is a bad country for having the audacity to pass judgment on them. I’ve had to believe there’s a glitch somewhere in immigration law caused by simple human error. I can’t accept that the U.S. I grew to know as a loving, Christian country with caring values is intentionally causing my loved ones and I grief. It goes without saying that as much as the United States has a duty to protect its citizens it also has a duty to be equally diplomatic toward foreigners and not continue persecuting the one or the other long after any condemning sentence has been exacted and executed. I have nothing to be sorry for. I’m still paying my dues along with my family and we’re all grateful for the opportunity to redeem ourselves. It’s time we are recognized. The government is telling my family I am not an adequate person to form a family with in the U.S. because I was deported with a drug-related offence of more than 30 grams of marijuana but how great can the U.S. be if it’s willing to lose their citizens to aliens like me when they decide to move outside of the United States to join their Immediate and shunned Alien Relatives?

I know the United States of America will do right by my son, my husband, me, and the rest of its citizens and foreign nationals in our predicament. We want the 212(d)(3) Non-Immigrant Visas Waiver made into an Immigrant Visas Waiver for Immediate Relatives of U.S. Citizens to make sure United States citizens receive competent protection from the Department of Homeland Security and adequate protection from the United States of America.

My husband and son believe a Waiver should be available to me and I believe their Freedom Of Belief civil liberty is being violated because their belief is being discriminated against. My needs are being placed before their own. I am not able to immigrate to the U.S. because immigration law doesn’t allow me a Waiver enabling my husband or son to claim me successfully. If I had a Waiver available to me they wouldn’t have to be at this crossroads making their case public in the courts, therefore their Right To Privacy is also being violated as a result of their belief being discriminated against. I couldn’t live with myself if I don’t speak out, they’re attempting to do the same for me. We don’t want to cause any problems, we just want to move on with our lives. Please, help bring justice to these afflicted, we need your input.

The way things are now U.S. citizens without a criminal conviction and with Alien Immediate Relatives are being discriminated against by their own government. The needs of deported Aliens with criminal convictions are being placed before their own. It’s pure hypocrisy and it’s my family’s name being placed on the line. The U.S. government’s violation of my family’s civil human rights to liberty, freedom of expression and equality before the law is unwarranted. My U.S. family’s civil liberties to equal protection under the law, to due process and privacy are being discriminated
against, they are not receiving fair treatment.

Such a sad situation. Having children of my own, I cannot imagine being separated from them by a few miles, let alone internationally. I feel so very sorry for you and your family and cannot begin to imagine the pain this situation has caused.

Children who are brought illegally to the U.S. undergo such tribulation. Although their lives are made better by entering the U.S. (in many respects and in most cases), I think we still must consider the overwhelming daily challenge of avoiding detection and "getting by" in a country without legal citizenship and the balance between the benefits and limitations.

Obviously, there are those who would say that an illegal immigrant should do their best to ensure that they do not break any laws and if they are deported for breaking laws, then the alien must consider their role in their deportation. Those same people may also say that while the alien is claiming that her family's' rights are being compromised, that in fact, their rights are intact and the illegal alien's rights are those compromised and for good reason.

The challenge is opening the eyes and hearts of the American people, who will ultimately be the ones to call for reform. I think also, we must consider the adolescent development of children who are in limbo and are desperately trying to fit in and make their way in the world. These are the ones who often use drugs, drink to excess, and get involved in misdemeanor crimes. How many U.S. Citizens have been guilty of this? I would say that many are guilty of the same crimes.

If the United States of America is founded on the principle that "all men are created equal", then how can those who were created by birth in another country be considered "undesirable" as compared to those created in the United States who get second chances by society every day?

I understand that it is an attempt to limit those who would enter the United States and "weed out" potential criminals. However, there must be a mechanism in place for candidates like this woman, who have made a mistake in the past, have seen the error of their ways, have a family inside the U.S., and desire to be a part of that family. I think it comes down to mercy, grace, respect for the family unit, and integrity.

Unfortunately, the government does not always operate fairly. Although their attempt is obviously in place for giving this candidate the benefit of the doubt and allowing her to prove herself by proving the various criteria that she mentioned above.

I wish you and your family all the best. Unfortunately, when you receive a black mark such as you have received on your status, there is going to be little chance of your re-entry permanently.

Amber

Hi, Amber. I appreciate your compassion. It’s people like yourself who are willing to sacrifice for minorities who inspire me to do the same. In my case my USC husband and son are now the minority in their country more so than myself, an Alien deported with a drug conviction, for having me as their Immediate Relative. I’m happy to say that after taking my argument to the U.S. Department of Homeland Security’s Office for Civil Rights and Civil Liberties my argument has been assigned a case number by them and we’re all waiting for a response from DHS’s office for U.S. Citizenship and Immigration Services. Anyone interested in joining our plight is welcomed to contact me with their ideas.