Don’t Deport Children of Legal Residents: Keep the Kang Brothers At Home

Hee Chun Kang’s parents are legal permanent residents of the United States, and he has down syndrome butfaces deportation to Korea because he is past the age of 21. Our taxpayer dollars are certainly being put to good use.

Hee Chun and Hyo Chun were 10 and 7 years of age, respectively, when their parents brought them to the United States in 1993. They overstayed their tourist visas but due to a family petition filed on their behalf, the parents became legal residents last year. However, due to the fact that Hee Chun and Hyo Chun were both over 21 by the time that a visa was available to them, they aged-out under the petition and now await deportation from the United States, away from their parents.

We should not direct our anger over “illegal immigration” towards children who had no say in coming to this country and a family that had no idea that their children would be caught in this bureaucratic nightmare over something as arbitrary as age. Yet, thousands of legal immigrant families are caught in the same situation, fighting to either keep their adult children here or bring them to the United States.

Thousands of taxpayer dollars are going towards removal and litigation proceedings to kick these young immigrants out of our country. It’s wasteful spending for the most part because by the time the litigation is over, the aged-out children are eligible for a green-card through their parents.

1. Sign this email petition to Kang’s representatives and DHS. Tell them to stop deporting the Kang brothers and grant deferred action to age-out children of legal permanent residents.

2. Make sure to spread the word via Facebook, Twitter and emailing your friends.

 

I’m writing to request your intervention in this immigration case of legal permanent residents in Hawaii, who have two sons facing deportation, one with down syndrome. (Original article here: http://www.staradvertiser.com/news/hawaiinews/20101004_Family_fights_disabled_sons_deportation.html)
A quick summary of facts: Hee Chun and Hyo Chun were 10 and 7 years of age, respectively, when their parents brought them to the United States in October of 1993. They overstayed their tourist visas but due to a family petition filed on their behalf by their aunt in 1998, the parents became legal residents after a long wait. However, due to the fact that Hee Chun and Hyo Chun were both over 21 by the time that a visa was available to them, they aged-out under the petition and now await deportation from the United States, away from their parents.
Congress passed a law called the Child Status Protection Act (CSPA) to prevent this tragic breakup of families in the legal immigration system. Using a complex mathematical calculation, certain adult children of legal permanent residents are allowed to stay in the United States even after reaching the age of 21. Under Section 203(h)(3) of the CSPA, Congress also provisioned that those adult children who do not qualify under the complex mathematical calculations, can nonetheless retain their place in line with the use of the original date of filing and conversion to the proper category (2B-unmarried adult children of legal permanent residents). USCIS has never applied this Section 203(h)(3) of the CSPA to derivative beneficiaries of the third and fourth category visa preference, which is now the subject of a nationwide class action lawsuit currently before the Ninth Circuit.
Deporting Hee Chun Kang from the United makes absolutely no sense for several reasons. First, he has down syndrome and no family relatives in Korea that could take care of him.
Second, it is absolutely cruel and inhumane to his parents who have been long-time residents and now legal permanent residents to have their child deported back to the country that they left behind. In most Asian-American families, children are not told to provide for themselves after an arbitrary age so this system of kicking them off family petitions is altogether bizarre.
Third, the Ninth Circuit may just deem that the USCIS is wrongly interpreting the law in a manner that is dividing up families so there is probably no legal reason to deport Hee Chun or his brother.
Fourth, it is pointless and detrimental to deport Hee Chun or his brother now since that would mean a ten-year ban from the United States, while their parents would likely become U.S. citizens within four years who can sponsor their adult children right away. There is no reason for the Kang family to wait 10 years to be united with their children instead of the requisite five years of waiting in line under a new petition filed by the parents.
Finally, it is important to remember that Hee Chun and Hyo Chun were brought here by their parents and they are supposed to be legal permanent residents under the family petition filed by their aunt more than 12 years ago. They have committed no crime. Asking them to wait their turn in line all over again just because they turned 21 is a double jeopardy that is unfair and unjust.
I believe this is a case that requires discretion from national ICE and deferred action in the case of both brothers. ICE has granted deferred action to other immigrant youth in similar circumstances. There is little to gain from deporting the two brothers and breaking up the Kang family. Please assist in this matter.

http://immigration.change.org/petitions/view/dont_deport_children_of_legal_residents_keep_the_kang_brothers_at_home

 

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