When doing the right thing is wrong: Punishing legal immigration applicants

Op-ed views and opinions expressed are solely those of the author.

We have all heard stories about illegal aliens who have raped and murdered American citizens.  We have all heard stories about illegal immigrant fraudsters who were invited into the country by an administration that used bribery to gain more voters for their political party.  However, there are a few stories about people who did things the right way to come to America and were denied entry into the country despite following all the immigration laws and rules.  Unfortunately, one of these stories is very personal for me because it involves my family.

Several years ago, I applied for a green card for my stepson, Paul, to have the opportunity to go to college in America.  My wife and I enrolled him in a U.S. international school program in China that was affiliated with a Blue Ribbon School in America, so he would receive a U.S. high school diploma.  Paul’s English was very weak when we enrolled him in high school, but he worked very hard to learn English.

He worked equally hard for 3 years, took all of the same courses as U.S. high school students and ended up with a GPA of 3.8, which also included AP (Advanced Placement) courses.  His goal was to study radiology in college, become a radiologist and live in America.  Paul graduated from high school last Friday, but our celebration was short lived because of a notice I received from immigration on Friday night, which read:

This office regrets to inform you that your visa application is refused because you have been found ineligible to receive an immigrant visa under Section 212(a)(4) of the Immigration and Nationality Act (INA), which prohibits issuance of an immigrant visa to anyone determined by a consular officer to be likely to become a public charge after entering the United States.

While Paul was working hard in high school, I was going through the legal immigration process as his sponsor.  I filled out forms, sent in numerous documents (including several years of tax returns) and of course paid the fees that immigration charged.  I also enlisted the help of an immigration attorney and have spent over $10,000 for this process.  It seemed like every time I would file one form, they would require another form, but I complied with their requests.  This process went on over a period of years as I watched people who hated America on college campuses burning U.S. flags and violently protesting.  This also happened at a time when I read stories and saw news reports about illegal immigrants being given all kinds of free things (free hotel rooms, debit cards, free healthcare etc.), while I was paying my hard earned dollars to have my stepson join American society the legal way.

Paul had to fly to the U.S. Embassy for his final interview in April and told the interviewer that the reason why he wanted to get the green card was to study in college in an American college.  A few weeks after the interview, we received a notice that they needed more documentation and they required a letter from me, which stated my intention of moving back to the U.S.

I wrote a letter that explained that I had recently retired from my teaching job (I was forced to retire because I was 5 years passed China’s mandatory retirement age, despite my desire to continue teaching and my school’s desire for me to continue teaching) and had authored a dystopian novel in November, It Began With a Whisper, and was making plans to come to America to promote my novel.  This wasn’t good enough, as I received an e-mail denying Paul’s green card because I didn’t successfully provide enough evidence of some rule that green card sponsors had to live in the U.S.  I am currently making plans to do what I can do to appeal this decision and will return to the U.S. in July to promote my book and hopefully fulfill the domicile requirement.

Sadly, Paul will not be able to attend Hillsborough Community College in Tampa in the fall semester of this year, which was his personal American dream.  My wife and I have followed every rule and requirement according to the immigration bureau. We have complied with every request for documents and had to witness others jump the line, not pay the fees and live in America.  It has been a lengthy process.  We have not asked for any money from the American government and are prepared to pay his tuition in full and any expenses for him to complete his education, yet, those who bleed the system and steal money from Americans were put ahead of us in line and we were denied this same opportunity.

The absolute irony of what was cited in the rejection notice is that we have set aside money to pay for his college in full, so he would not become “a public charge.”  I have submitted tax returns that prove that we have savings to support Paul’s education.  Given the billions that the American government has given to Haitians, Somali’s and others without question, yet allowed them to remain in the country, I had to read the notice twice to comprehend the hypocrisy of the denial letter.

No one likes people who attempt to cut lines, yet we have politicians who have actively encouraged and defended line cutters.  How can a country have legislators who defend human and drug traffickers into the country, but keep out a young man who has worked so hard to come to America and has a strong desire to assimilate into American culture and become a productive U.S. citizen?

It is difficult not to take shortcuts and do the right and legal thing when those who violate laws appear to be the winners.  To crush the dreams of one young man, while allowing opportunists who took advantage of a flawed system, is not the American way.  An America that takes away the opportunities for those who will work hard and embrace American citizenship as a privilege should be rewarded not punished.

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Michael Matteo

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