US may expel Briton widowed by bin Laden (A FREEPER CALL TO ARMS)

The Daily Telegraph ^ | October 7, 2001 | Charles Laurence

[gg188]

IF her husband hasn't already been officially declared dead and a death certificate issued,you have just came up with THE legal solution to ALL her problems! ALL she has to do is submit a new application for a Green Card BEFORE her husband is officially declared dead,and there is not a damn thing they can do to make her leave,and the IRS had no choice but to back away with their tail between their legs!

Is there a Freeper attorney out there who could comment on this? Is there any way this idea can be used to save this woman from deportation?

[Great Dane]

D Joyce, how rude to even ask if Liliana was married to a US citizen, I am assuming she would have said so if she wasn't, as it would have clearified a question.

[Great Dane]

Some people tend to speak before thinking....... or reading.

[Tazlo]

Hey, guys, calm down!

With my limited knowledge of US immigration and tax law, let me interpret what I think happened.

It sounds like the husband entered the US on an L-1B visa (worked for UK branch of US company) and she was on a L-2B. He wanted to change jobs, so he left the country and came back on a H-1B (sponsored by another company to work here); hers is a H-2B. Thus, he'd have to "start over" in obtaining a green card.

Under the assumption he's here on an H-1B, her status in the US is COMPLETELY derivative to his. If he leaves, she has to leave. Immediately. If he divorces her, she has to leave. Immediately. If he dies, she has to leave. Immediately. Get the picture?

As an aside, if she is interested in staying here, the worst thing she could have done was to publicize her plight. If no one knows her situation, the INS does not come looking, which is unfortunate for those aliens whom we all want to leave.

The company I work for had a couple here on an L-1B/L-2B. The employee husband fraudulently obtained a divorce and remarried. The wife is now out of status and has to leave, except that now she's fighting the divorce, primarily so that she can stay here a little longer to tie up all loose ends. You can bet that they fight plenty about calling the INS on each other, but until they resolve their marital status, their alien status is status quo.

Now on to the tax issue. The IRS tax code requires a company to withhold a percentage of certain kinds of funds paid to foreign nationals; however, in each situation, depending on the country, the amount can be varied by treaty. For instance, when my US company pays royalties, we've had to withhold 10 percent for payment to a Canadian, but nothing for payment to a German.

I would guess that the tax codes says insurance proceeds paid to British citizens require a 60 percent WITHHOLDING amount; upon filing her tax return, maybe a lot of it will be returned to the Briton and her family.

I wouldn't get my knickers in a knot over this. Life isn't fair. In fact, sometimes it's downright rude. But we all live under the law, whether or not it's "fair" in all situations.

[F16Fighter]

Thanks for setting the record straight for me regarding an inexplicably inane law which allows an ILLEGAL immigrant's child to be a LEGAL US citizen if the birthing takes place in the US.

REWARDING breaking US law in this case. This is akin to shooting an intruder right in your own bedroom while being prosecuted afterwards for attempted murder and sued by the plaintiff -- THE INTRUDER!!

[SunnyUsa]

bttt

I will take the time today to contact all my congressman, senators and write the major newspapers.

Chatham NJ is an affluent community, and I'm sure this woman will get wonderful support and excellent legal advice.

This is the kind of story that should turn around once it gets the BAD Attention it deserves.

I would also recommend that people contact Bill O'Reilly, Sean Hannity, Larry King, even "Geraldo" ( I know, I know, but it needs national attention!) ...

Hopefully someone will pick up this woman's plight, it's a story that will bring out alot of sympathy and cut through the bureacratic mindless actions

****** (why is that someone like her and her children are immediately asked to leave the country, and we have terrorists who want to kill us running around without a notice or care in the world???)******

[Exit 109]

OK FReepers, let's have at 'em!

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[firewalk]

I've just seen on NJ local news that Mrs. Gilbey won't be deported, is this true? I don't have any other details, it was just something on the bottom of the screen.

[firewalk]

Local news in NJ now says that Mrs. Gilbey won't be deported. I don't have any other details.

[liliana]

or as i've often said "her/his mouth is running while her/his brain is is park"

[liliana]

children born in the united states are citizens, that's law.

[liliana]

if the INS removes her from her legal status because her husband is dead why does she have to provide a death cerificate?

[liliana]

what a relief. my eldest is about to turn 48. she and her brother 46 should by rights, according to you, should be danish.

[liliana]

what a relief. my eldest is about to turn 48. she and her brother 46 should by rights, according to you, should be danish. while their 2 younger brothers should according to you be validated as americans.