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U.S. Orders 11-Year-Old Out of the Country
Her mom and dad are legally allowed to stay at their home in Georgia, but an eleven-year-old child has been ordered to leave the country by July 23.
Ewelina Bledniak’s parents say it’s a paperwork mistake, made by the lawyer they hired when she was two and they moved to the states.
Dad Hubert is now a U.S. citizen who owns a tile installation business in their small town. Mom Agnes is a legal resident going through the process to become a citizen. But Ewelina’s plight came up when the Bledniaks applied for a green card for their daughter.
Immigration officials found her paperwork wasn’t in order and told her she had to leave by the 23rd, lest she be thrown out of the country and sent “home” to Poland. It’s a home she hasn’t seen in nine years.
Her parents are going to take her to Poland on the 20th to meet with the U.S. Embassy there and hopefully get the issue straightened out, but it’s already creating a hardship. The family has to leave their jobs during a downturn in the economy, and they don’t know when Ewelina will be allowed home. At eleven, they can’t very well leave her alone across the world. She may lose a whole year of school, and she doesn’t speak Polish – attending school there won’t help.
I understand we’ve gotten strict on immigration, but the adults in this situation are in compliance. Even if the tale of the lawyer screwing up is fabricated, this is the child of an otherwise law-abiding U.S. citizen and his legal resident of a wife. They are bringing a sledgehammer to kill a fly here, and for what? I have yet to see an eleven-year-old in a tutu try to blow up the Capitol.
Don’t make an American family fly across the world to deal with an issue that is ultimately American.
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13 Comments
[...] applied for a green card for their daughter, they found out she was an illegal resident. You can read the whole story here, but the basic reason is a paperwork mix-up by their [...]
UPDATE: U.S. Won’t Deport 11-Year-Old | Strollerderby commented on Jun 29 09 at 11:30 amTolaniLucia commented on Jun 11 09 at 6:31 pmThis makes no sense at all. If their child is under 18 how can anyone think it even the littlest bit possible to deport her. The children of immigrants who become citizens should be automatically given the same right and status if they are under age. Hopefully the cute tutu pic will work in her favor;) But this is so silly and unreasonable.
Amanda B. commented on Jun 11 09 at 7:59 pmWe have a massive illegal immigration problem in this country that is being ignored by the federal government, yet this paperwork mix up is what they’re focusing on? Disgusting.
Manjari commented on Jun 11 09 at 8:08 pmThis is ridiculous.
puasamanda commented on Jun 11 09 at 8:43 pmThis makes no sense. I would greatly question the source, even if it seems to be a legitimate news source. I won’t say I am an expert or anything, but I have dealt extensively with US Immigration (three German-national stepchildren), and several things in the story directly contradict the law. For instance, they say that the parents were stalled when applying for a green card for their daughter. However, the foreign-born children of US citizens (even those who are naturalized) are automatically US citizens – no green card requirement at all, no matter where she was born. As long as she is the father’s daughter, he has attained citizenship, and she is a minor, there is no need to immigrate her at all. Something more is going on here.
giveuspaws commented on Jun 12 09 at 12:38 amThey should appeal to their U.S. Senator’s office.
Shana commented on Jun 12 09 at 10:26 amPuasamanda, you are slightly incorrect on your assessment of the chldren automatically being citizens just because the father is. They can automatically become citizens if the father was a citizen at the time of their birth and the parents file for a passport within a month of the childs birth. My husband and I looked into this when we were considering having our baby in Sweden (his country of birth). And as th oldest American born member on both sides of my parents family, I can tell you for sure foreign born kids do not just automatically get citizenship just because the parents are citizens. The parents can sponsor kids under the age of eighteen for citizenship. Many of my older cousins had to go through this.
There is currently this thing in Congress where they are looking into giving automatic legal status to the many children that have been brought to the U.S. at a very young age and have no ties to the country of their birth. You would be amazed by the amount of parents that are of legal status but their chidlren are not.
puasamanda commented on Jun 12 09 at 11:54 amShana: Well, I am truly confused, then. Does it have anything to do with which country the child originated from? My stepchildren were never reported to the American Consulate in Germany, where they were born. They never applied for passports within a month of their births. In fact, the two oldest were adopted at ages eight and six, and everything was handled through the German government, with no involvement from any US official or agency. At the time, my husband was certain he would never return to the US, so he and his ex-wife decided that the children would be German, period. When the children decided to visit the United States for a summer as teenagers, after their parents divorced, they traveled here on German passports. While here, my husband and I took them to the Social Security office, where they were each issued SSN’s without preamble. After they obtained the SSN’s, we applied for American passports for each, and they were handed out. No mention was ever made of “immigrating” them, “sponsoring” them, or in any other way involving the INS. The only involvement with the INS was when I called them to ask what forms we needed to file (I was sure we had to do something!), and the agent informed me there were none…the children were already citizens because of their father’s citizenship. My stepchildren still live in Germany, but travel here with their American passports when they desire, and are even able to work here without a green card or work permit, because they have SSN’s. My oldest stepson took advantage of this when he visited for eight months two years ago. I am just astounded that the situation with this little girl could be so different. It is my understanding that once a child reaches majority, sponsorship is required…but a minor child receives citizenship automatically. It even says as much on the INS page.
JayHawkey commented on Jun 20 09 at 2:25 pmI live in GA. There are thousands and thousands of illegals here from under the fence south of Texico…I mean Texas..lol. Why one family from Poland? This is ..Bllsht you ought to see what I do here….then you know the system suks. How is that 100 foot fence coming along??yeah just what I thought….
TL Winslow commented on Jun 25 09 at 8:46 pmThe age-old pesky U.S.-Mexico border problem has taxed the resources of both countries, led to long lists of injustices, and appears to be heading only for worse troubles in the future. Guess what? The border problem can never be solved. Why? Because the border IS the problem! It’s time for a paradigm change.
Never fear, a satisfying, comprehensive solution is within reach: the Megamerge Dissolution Solution. Simply dissolve the border along with the failed Mexican government, and megamerge the two countries under U.S. law, with mass free 2-way migration eventually equalizing the development and opportunities permanently, with justice and without racism, and without threatening U.S. sovereignty or basic principles.
Google “Megamerge Dissolution Solution”.
JG commented on Jul 07 09 at 11:53 amI’m not a lawyer but I vaguely remember the automatic citizenship bit for children of US citizens was only fully automatic for US citizen mothers but not US citizen fathers. I might be wrong but I remember a huff about the asymmetry of it. It probably traces to men being have to have many more children than women in a given amount of time.
Dont lose hope and dont go back. commented on Sep 29 09 at 12:43 pmSend your story to the Local Congressman and to your local Senator, plead with them for a Nunc Pro Tunc to be put in place. This is when the Immigration department can forgive the person for being out of status or taking to long before filing because you can prove that it was not the childs fault or for this matter the parrents fault. If you can prove that the lawyers made a mistake and then show the tremendous hardships your child will be put through and also now you as the father and a US citizen the Nunc Pro Tunc might just work. You will have to file for a visa of some sort for her, ask for the Nunc Pro Tunc to be approved in order for Visa to be approved and then also go one step further and ask for the change of status to be made here in USA and not in Poland since the minute you leave USA with her there might be a 3 to 10 year bann against her. I have never heard of children under the age of 18 to be kicked out. I have always been told children are innocent and adults are guilty when it comes to immigration. So the bann according to me should not apply to her, but hey immigration is not always the kindest. So speak to a good lawyer get your letter with family pictures and history story ready, apply for a Nunc Pro Tunc and get Congress to phone the Immigration office and get this sorted out for you guys. A ray of hope. It just worked for me. My husband passed two and a half years ago, I filled for a student visa thinking I will be ok not knowing I just had 6 months to do so. I was 9 months pregnant at the time my husband passed and had three other kids to take care off. I was denied the visa and classified illegal and had to leave the country we lived here for 10 years legally as visa holders and tax payers. I enlisted the help of Goverment and was granted the Nunc Pro Tunc. For immigration here in US you are innocent untill proven guilty, in your country and my country it is guillty untill proven innocent. Even if you have a visa approved for her here and just travel back to have in stamped into her passport they have the power to deny you and not stamp it into her passport. And the person with this power to decide your future is the person whom sits at the front window and look at all the paperwork. Rather fight your battle from this side your exspense will be less and it will be less devastating to the child. Get the teachers in school involved to write letters. Trust me you have a better change to get things done on this side than on that side and having to fork out money when you had to leave your company in US unattended will devastate your family financially in future as well. Good Luck.
Dont lose hope and dont go back. commented on Sep 29 09 at 12:45 pmJust saw it all worked out for you guys. Happy to see that. I should look at dates before commenting. :) hope this advise help someone else out there.
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