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In 2004, Heathcliffe Bradley was planning to return to his native New Zealand after eight years in the United States when he met Cheryl Losee, a New Jersey native, and his plans flew out the window. He stayed, they married, and then he turned his attention to a lingering problem: Mr. Bradley was an illegal immigrant.
But what seemed to them a straightforward process to make Mr. Bradley a legal resident soon turned into a bureaucratic and legal nightmare. Last month Mr. Bradley, a construction worker who says he has no criminal record in either the United States or New Zealand, was hauled from his home in handcuffs and put in an immigration detention center in Elizabeth, N.J., and told he was going to be deported.
He is challenging his deportation in the United States Court of Appeals for the Third Circuit.
“I’m fighting for my wife and for myself,” he said on Tuesday, sounding weary. “This is my life, and this is where I want to live.”
Mr. Bradley, 36, had been swept up in tougher enforcement of the Department of Homeland Security’s Visa Waiver Program, which allows citizens of certain countries, all close allies of the United States, to stay in the country for 90 days or less without obtaining a visa.
Millions of people want to live here as evidenced by millions like this moron who think simply because it's their dream or hearts' desire to do so that our laws don't apply to them.
How he could have avoided this delema.
1. Marry the love of his life.
2. Return to New Zealand and file for the spousal visa.
3. Wait the 6 months to 1 year for the temp visa.
4. Come back to the usa
5 apply for perm residence
6. do the paper work make the appointments and follow the system.
What he did instead.
Ignored the expiration date of his visa
waited until he was in violation of immigration laws
ignored the fact that had he returned on his own even then and applied for the spousal visa he would have been ok.
In short he dug himself into a hole. Self inflicted and deserved.
How he could have avoided this delema.
1. Marry the love of his life.
2. Return to New Zealand and file for the spousal visa.
3. Wait the 6 months to 1 year for the temp visa.
4. Come back to the usa
5 apply for perm residence
6. do the paper work make the appointments and follow the system.
What he did instead.
Ignored the expiration date of his visa
waited until he was in violation of immigration laws
ignored the fact that had he returned on his own even then and applied for the spousal visa he would have been ok.
In short he dug himself into a hole. Self inflicted and deserved.
Agreed. I am beginning to wonder if anyone understands the meaning of personal responsibility anymore. Those here illegally seem to blame everyone except themselves for their criminal activities in their pursuit of demanding that America and it's rule of law should change to accomodate any and all of their criminally motivated selfish desires.
I want to live in China and I want their tax payers to pay for my school, health care and rent. What are my chances?
Of course you do know that all Americans are rich and capable of paying for everything, including but not limited to the well being of everyone else in the world. Surely you don't expect them to assume otherwise.
That being the case, your chances? . . .are slim to none
Actually, something seems to be missing from this story. Generally, people who have been here out of status and accruing unlawful presence are eligible for permanent residence petitions through an adjustment of status by marriage to a US citizen. As long as he entered the country with a legitimate visa and an I-94, he is not barred from marriage petitioning. He should have consulted a lawyer for the process, but this should not have happened unless there is something omitted from the details of the case.
This happened back in Nov '08. On April 22, 2010 his petition to appeal was denied.
He entered the USA on a visa waiver in 1996, thus he gave up any rights to appeal deportation but was fighting that decision on the grounds he didn't know what he was signing upon entry to the USA (the document that gives up those rights).
Can't find out whether he was then deported or left voluntarily.
Entrants to the USA on the VWP are NOT eligible to adjust status. The only grounds for a person on a VWP visa is asylum.
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Something is Missing
