Dahianna Heard, wife of Jeffrey Heard a contractor killed in Iraq, won a small victory in her fight against 'The Widow Penalty'. From the Orlando Sentinel-
A Central Florida war widow who was facing deportation after her husband was killed in Iraq may not have to return to Venezuela after all.I've blogged about Dahianna Heard on multiple occasions. The most recent post is here.Immigration officials had an apparent change of heart and notified Dahianna Heard and her attorney that they would process her legal residency petition, after reviewing her dead husband's military-service record.
Heard's ordeal started shortly after her American husband, Jeffrey Heard of Casselberry, was killed in spring 2006 -- during an ambush by insurgents in Fallujah, where the U.S. Army veteran was working as a contractor in a support role to combat troops.
She struggled to stay in the U.S. with her infant son, an American-born child that the couple had before disaster struck.
The Heards had been married one year, eight months and 11 days at the time of his death, less than three months short of a strict two-year immigration requirement to grant visas in such cases. Their son, Bryan, was only 1 when his dad was killed.
Her case's rejection meant Heard had become an undocumented immigrant, subject to deportation.
But her attorney got the call last week from a U.S. Citizenship and Immigration Services official.
A letter arrived shortly after.
*****
The decision to go forth with her case does not mean that Heard will automatically receive the "green card" that authorizes her to live permanently in the country, but it means that she is on track to receive it if no other impediments arise.
Mrs. Heard isn't safe yet, CIS can still deny her petition. I don't trust the agency to not do just that. That's what happened to Carla Freeman, and now Mrs. Freeman is barred from ever setting foot in this country again. Mrs. Heard, and the 80 or so other women like her, only crime was that their husbands died before their immigration paperwork was finished. A process, as I have pointed out before, that can take a year or more. These women who have filed a class action lawsuit as a last resort, were married to US citizens and tried to legally immigrate here, and have gotten screwed by the system. With the help of the US courts, this travesty may finally end.
The Widow Penalty dates back to 1970, the matter of Varela. The widow of a servicemen who died while serving in the Navy was deported. That's the grounds for INS and then CIS conduct up till now. The spouses of US service people killed in Iraq are safe, but widows of contractors or servicemen not killed in a war zone, aren't. Their husbands put their life on the line for this country, so only after they die their spouse can be deported. It is outrageous, and I think most of you would agree with me. Some of you may disagree with me when I say the entire 'The Widow Penalty' is a travesty. How many women weren't as fortunate as Dahianna Heard may turn out being? Thousands is my guess. How many widows of US service people has this country deported since 1970? Even if it was only one, it should make you sick to your stomach. Its long past time to end The Widow Penalty.
Note- I have put quite a few links in this post. This in order to back up what I'm writing, if any Wizbang readers question what I'm saying, but also to help educate people about 'The Widow Penalty'.




Comments (15)
I am pleasantly surprised t... (Below threshold)1. Posted by SJ Reidhead | January 27, 2008 7:18 PM | Score: 0 (0 votes cast)
I am pleasantly surprised today at the tone of your two immigration pieces. There's some hope for you yet!
SJR
The Pink Flamingo
1. Posted by SJ Reidhead | January 27, 2008 7:18 PM |
Score: 0 (0 votes cast)
Posted on January 27, 2008 19:18
2. Posted by LissaKay
| January 27, 2008 7:31 PM | Score: 3 (3 votes cast)
The utter absurdity is simply amazing. For every Dahianna Heard, there are hundreds of illegals that came here with the intention of being here illegally. When they are caught committing a crime, ICE is not interested in deporting them, so local authorities play catch and release.
We need to lock down our borders, get rid of the illegals that are here, and make the process of immigration easier and faster for those who want to do it the right way!
2. Posted by LissaKay
| January 27, 2008 7:31 PM |
Score: 3 (3 votes cast)
Posted on January 27, 2008 19:31
3. Posted by BarneyG2000 | January 27, 2008 7:58 PM | Score: -11 (11 votes cast)
She is illegal! Are you guys getting soft? Next thing you know al Qaeda will plant sleeper arab whores to marry and kill our soldiers.
Wake-up America!!!!!
3. Posted by BarneyG2000 | January 27, 2008 7:58 PM |
Score: -11 (11 votes cast)
Posted on January 27, 2008 19:58
4. Posted by Master Shake | January 27, 2008 8:01 PM | Score: 2 (2 votes cast)
What, the bureaucracy is able to reconsider? But I thought we had to abandon any prospect of securing our borders because of this situation. You mean the amnesty-supporters were lying to us?
4. Posted by Master Shake | January 27, 2008 8:01 PM |
Score: 2 (2 votes cast)
Posted on January 27, 2008 20:01
5. Posted by Synova | January 27, 2008 8:17 PM | Score: 2 (2 votes cast)
Some people truly are anti-immigrant but most of the people complaining about illegal immigration are pro-immigrant.
They just don't like to see people who try to play by the rules punished and people who ignore the rules rewarded.
5. Posted by Synova | January 27, 2008 8:17 PM |
Score: 2 (2 votes cast)
Posted on January 27, 2008 20:17
6. Posted by DaveD | January 27, 2008 8:42 PM | Score: 3 (3 votes cast)
Barney, your cell phone must be off. Your therapist called. It turns out he can fit you in tomorrow, 9:00am. Bring any unused meds to the appointment.
6. Posted by DaveD | January 27, 2008 8:42 PM |
Score: 3 (3 votes cast)
Posted on January 27, 2008 20:42
7. Posted by Mitchell | January 27, 2008 10:21 PM | Score: 1 (1 votes cast)
These ladies should raise hell with their Senators and Congressmen, too. Go on local news and lay it out there for all to see--your government, your immigration service, pretty much preys on widows in line for a green card.
Jesus, what have we come to in this country?
7. Posted by Mitchell | January 27, 2008 10:21 PM |
Score: 1 (1 votes cast)
Posted on January 27, 2008 22:21
8. Posted by hcddbz | January 28, 2008 12:51 AM | Score: 4 (4 votes cast)
Barney
The issue is illegal vs legal immigration. These women started the paperwork they did everything legal and when their husbands die for this country they should be able to stay. We often say that our men and women make the supreme sacrifice and no one feels it more than their family. Due consideration should be given to them.
Barney do you even understand what is involved with this process of getting a non immigrant visa , or green card? She has had to get a background check with local and international police, she had to have medical screening, and paid money not to mention getting interview about her personal life and being asked very intimate questions.
I am a naturalized American Citizen who served in the Navy and married a foreign national so I know the process. Some one want to come to the US do it the right way if they are process and their husband dies they should be allowed to stay.
If they sneak across the border they should be kicked out.
The only exception are the Cubans but We know how liberal treat them. They get heavily armed troops to hold an MP-5 to child's head and take them out of the country.
8. Posted by hcddbz | January 28, 2008 12:51 AM |
Score: 4 (4 votes cast)
Posted on January 28, 2008 00:51
9. Posted by engineer | January 28, 2008 6:33 AM | Score: -3 (3 votes cast)
"The Heards had been married one year, eight months and 11 days at the time of his death, less than three months short of a strict two-year immigration requirement to grant visas in such cases."
8 months plus 3 months equal 11 months. Yep, 11 months in a year. Great reporting and fact checking there.
9. Posted by engineer | January 28, 2008 6:33 AM |
Score: -3 (3 votes cast)
Posted on January 28, 2008 06:33
10. Posted by Oyster | January 28, 2008 10:17 AM | Score: 3 (3 votes cast)
What's your point, engineer? A minor error in addition makes the whole piece suspect? Get your ass down from around your shoulders. You don't look good in fur.
10. Posted by Oyster | January 28, 2008 10:17 AM |
Score: 3 (3 votes cast)
Posted on January 28, 2008 10:17
11. Posted by Spurwing Plover | January 28, 2008 11:17 AM | Score: 2 (2 votes cast)
Good let her stay here in america and become a naturalisned american citizen
11. Posted by Spurwing Plover | January 28, 2008 11:17 AM |
Score: 2 (2 votes cast)
Posted on January 28, 2008 11:17
12. Posted by Nessus | January 28, 2008 1:37 PM | Score: -3 (3 votes cast)
Whaaa, whaaa.....goes Jempty. Intellectually impotent and not a patriot to boot!
Deportation today. Deportation tomorrow. Deportation forever. Is that too harsh for you Billy Boy?
Wake up idiot. Mexico (and Latinos in general but specifically Mexico) has a plan. It's to send tens of millions of their people here and remain loyal to the toilet known as Mexico. It's called an invasion and the liberals on the left and right don't seem to have a problem with it. Chicken-sh**s.
Most, repeat most Americans want illegal immigration stopped and even a small majority wants legal immigration reduced.
"We're a nation of immigrants"? Oh yeah, anyone care to debate me on that point?
12. Posted by Nessus | January 28, 2008 1:37 PM |
Score: -3 (3 votes cast)
Posted on January 28, 2008 13:37
13. Posted by LaMedusa | January 28, 2008 2:42 PM | Score: 1 (1 votes cast)
Nessus-
"Most, repeat most Americans want illegal immigration stopped and even a small majority wants legal immigration reduced."
I would debate you if I thought it were worth the time. Your bombastic comment has nothing to do with the plight of a war widow with a family to consider. There's a big difference between illegal criminals jumping the border, or welfare moochers and people as a commenter stated above, that "play by the rules." I still like to view the U.S. as a compassionate nation with common sense.
13. Posted by LaMedusa | January 28, 2008 2:42 PM |
Score: 1 (1 votes cast)
Posted on January 28, 2008 14:42
14. Posted by Mitchell | January 28, 2008 9:40 PM | Score: 0 (0 votes cast)
Nessus is an idiot, next post please. Move along, don't linger watching the idiot slobber on himself. Pathetic.
14. Posted by Mitchell | January 28, 2008 9:40 PM |
Score: 0 (0 votes cast)
Posted on January 28, 2008 21:40
15. Posted by Bill Jempty | January 28, 2008 9:53 PM | Score: 0 (0 votes cast)
Some conservative bloggers who have voiced opposition to or outrage over the widow penalty include
Fellow Wizbang contributor Jim Addison
Ed at Captain's Quarters
James Joyner at Outside the Beltway
As Jim once said
"It seems to me that if an alien spouse has a legitimate, lawful application in processing when the citizen spouse dies, it should be processed as if the citizen spouse were still alive. IOW, if it would have been approved had he/she lived, it should be approved after he/she dies. If it would have been declined anyway, it should be declined.
We're not talking about millions of people here. It wouldn't hurt us in any way, and would be the fair and just approach. Those who have followed the rules should not be penalized for "acts of God."
Ed wrote- "If ICE cannot make an exemption for Dahianna, then she will have to return to Venezuela and the Hugo Chavez regime, a particularly galling outcome for the widow of a man who died serving freedom. She will take Jeffrey's child with her and out of the country Jeffrey protected in several different phases of his life. Surely this cannot be justice."
Few people who learn of the widow penalty, support it once they learn of it. They goes for people on either side of the political spectrum.
15. Posted by Bill Jempty | January 28, 2008 9:53 PM |
Score: 0 (0 votes cast)
Posted on January 28, 2008 21:53