Yana Khrapko is a full-time student at Shoreline Community College, and works for Toward Tradition (Rabbi Daniel Lapin) part-time. If you’ve ever listened to Republican Radio (where Shark and Wayne Perryman regularly co-host) you've heard her: she’s an intern there as well co-host sometimes. She’s a very pro-American young lady, who often challenges the leftist tropes of her college professors with first-hand experiential evidence about how valuable our freedom is… she’s a political refugee from Russia, you see.
Right now, she’s at the Tacoma Immigration Detention facility, along with her mother and brother. This despite the fact that her father is a naturalized US citizen.
Basically, it appears a filing deadline for a hearing to change status to permanent residency was missed by their attorney, from what we’ve been able to gather. Still unclear.
This Tuesday, while still in detention, they were served papers for deportation to Belarus. I can’t imagine how that feels: you live here for ten years. One minute you’re a student, working, contributing to the community, and the next --surprise-- you’re in a cell because of a missed paperwork deadline, about to be sent to a place where you don’t know a soul... and because you have no papers there, will probably end up in jail when you get off the plane. And your dad’s a citizen! What a nightmare.
The following is from Anne Marie Lake, program director of Republican Radio:
Tomorrow at 3 pm will mark one week since Yana was snatched from her workplace at Toward Tradition by INS officials... Through Republican Radio contacts with Dave Reichert and Rob McKenna, Yana’s family received a consultation from the top immigration attorney in our area, and the Congressman’s office (local representative Marianna Parks) has started an inquiry to see if they can get Yana and Katia released. Unfortunately there are some complicating factors regarding some paperwork that was not properly filed prior to the date Yana’s father received his citizenship. It is unclear if this was the fault of the Khrapkos’ attorney or if it was something for which they were personally responsible. The immigration attorney (who is based in Chicago) brought an appeal to the deportation order Monday morning, which was rejected by the court.Yes. And might I add, if you know anyone that can affect this, please let us know in the comments.Because of this, it is apparently legal for Yana and her mother (and presumably her brother as well) to be deported, and this is indeed the action which is proceeding against them. It is not a quick process, and intervention may be possible. The family is here as political refugees, and they have no citizenship in any other country, so if they are deported it will be very difficult for them wherever they end up, possibly in jail in another country. And yes, it apparently is legal to deport family members of legal citizens.
Please, please, pray for Yana and her family – her father Sergei, mother Katia, and her brother John….
All the bureaucracy has to do is see the crystal-clear proof that her father's a citizen, and re-process her status in light of that. But that needs to happen before they deport them. In the meantime, she's stuck in a cell, and has missed the deadline to return to classes.
Posted by Brian Crouch at March 31, 2005 12:25 PM | Email ThisWhat can we do to pressure anyone to help these people?
Posted by: Fred on March 31, 2005 12:37 PMSIMPLY BECAUSE SHE'S A CONSERVATIVE REPUBLICAN!!!!!!
So now you're saying that INS should follow through on your "illegal immigrant rampage" ONLY when the agency determines that the offending individual is a LIBERAL DEMOCRAT!!!!
Your true colors have come out. It certainly doesn't surprise me, or any other real American.
Posted by: Nelson on March 31, 2005 12:50 PMSomeone wrote then, maybe it was Stefan or Joseph, that the Republicans need to learn to be the party of the immigrants.
This is just a case in point.
Posted by: Jerry on March 31, 2005 12:51 PMHmmm. Didn't someone in Gregoire's office miss a filing deadline with a pricy consequence for our state? Sadly, in this this case, the price might be deportation. Makes one wonder if we are drowning in our own legalize.
Posted by: Mike J on March 31, 2005 12:54 PMI am particularly in favor of increasing the ease of coming here as a political refugee, as Yana is. Belarus and other totalitarian regimes should not be treated any differently than Cuba. That's something very important that sets this case off from the many illegal immigrants from Mexico and elsewhere who are not fleeing tyranny. If you can't see that difference, you're a sad man.
All that said, I've met Yana, and she's a wonderful individual. Thanks for posting this, Brian.
Posted by: Timothy on March 31, 2005 01:23 PMI too would support far more liberal political asylum rulings and while I don't know Yana or anything about her case, it sounds logical to me that she should not be deported.
My commentary here was related to the fact that the support for Yana was expressly emphasized by the early posters because she was known to be a CONSERVATIVE REPUBLICAN!
That governed my response about the hypocrisy of it all. If you thought I was addressing your views, please accept my apology. I think your points are thoughtful and logical.
It's only the others that are a bunch of hypocrites.
Posted by: Nelson on March 31, 2005 01:31 PMIt's a shame when you see good hard working foreigners being dismissed as illegal aliens while we've got plenty of trashy Americans who don't want to work and are looking for hadouts and free rides.
What we need is an Exchange Program. We'll take in hard working honest foreigners who believe in the American promise of a greater life and the freedom of the individual and we'll send you back a leftist or other statists and union workers that want to collect high wages, and believe they have a right to government handouts.
Posted by: Jeff B. on March 31, 2005 01:38 PMNot one post here has said anything about it being wrong because she happens to be conservative. Don't make stuff up that isn't stated. I can't imagine that anyone who posted here gives a rat's &&& on her political persuasion, but that she is attempting to get through the maze of paperwork legally and that her father is a citizen. It seems you get in easily if jumping the fence at the border instead of trying to follow the rules. I am more upset that Malvo got released with his record so that he go go shoot up DC.
Posted by: Fred on March 31, 2005 01:41 PMOh, really? Here's the introduction to the topic. It was the very first sentence on the post:
"Yana Khrapko is a full-time student at Shoreline Community College, and works for Toward Tradition (Rabbi Daniel Lapin) part-time. If you’ve ever listened to Republican Radio (where Shark and Wayne Perryman regularly co-host) you've heard her: she’s an intern there as well co-host sometimes. She’s a very pro-American young lady, who often challenges the leftist tropes of her college professors"
I rest my case. I'm a genius.
Posted by: Nelson on March 31, 2005 02:10 PMWhat does the word "because" mean? Go look it up, I'll wait.
dumdedumdumdumDUM.
Ok. So, using your "logic," anything mentioned about her identity allows you to rest your "case" as to why we're saying this bureaucratic malarkey is wrong. So how do you know it's not because she works for a Jewish/Christian organization?
Or that we're saying it's wrong because she's a fulltime student? Or that she's a radio show intern?
In reality, it's because her DAD IS A CITIZEN. She is ZERO FLIGHT RISK. There is no reason for this asinine red tape and her internment.
Finally, none of the bloggers on this board have taken the anti-immigrant stand you have imputed to us, and neither did the commenters above.
Posted by: Bleeding heart conservative on March 31, 2005 02:21 PMIf she is a "political refugee" from Russia, then why is she being deported to Belarus? Those are actually two different countries ...
Also, there have hardly been any people admitted to the United States in the last 13 years or so as "political refugees" from Russia, and not that many even from Belarus. Most refugee status admissions from the former USSR are made for religious refugees -- mostly commonly Jews and evangelical Christians.
If someone really was admitted as a "political refugee" from the old USSR (before its dissolution on 12/25/1991), they would certainly be a permanent resident by now, and a citizen had they bothered to apply for it.
The most likely scenario here, I think, is that her STEP-father is a U.S. citizen, and that Yana, her mother, and brother came here on a fiance/e visa. Yana's mother married her stepfather.
Somewhere along the way, one of three things probably happened:
(1) Yana's stepfather never filed the petition for them to become permanent residents after his marriage to her mother.
(2) If this petition was filed, there would be a temporary green card good for only two years. An application must be filed within 90 days of this 2 year expiration date to make the green card permanent. Maybe Yana's stepfather failed to file this application timely.
(3) Or Yana's stepfather did file this application timely, but Yana and her family didn't show up for the interview.
There could be a lot of other reasons. Somehow, I don't think we have all of the facts here. But it seems very unlikely to be the way you presented it.
Posted by: Richard Pope on March 31, 2005 02:22 PMWe're all well aware that Russia and Belarus are different countries.
As to your "likely scenario," you're dead wrong, on all points. Her dad is Russian, was naturalized one year ago via lottery. Why would you go the assumptive route that you did?
Posted by: Bleeding heart conservative on March 31, 2005 02:27 PMHere is where you are dead wrong. This has nothing to do with Republican or Democrat leanings. This has to do with laws. She is a white person from a almost communist country. She isn't brown skinned, latino, or from south of the Rio Grande
1.) The father is a citizen. I have personal experience with this. My wife is naturalized. She came over hear when her brother got citizenship and he brought them over, her father, mother and the other siblings. Then they petition for their green cards. She had a green card when I met her and became a citizen after being married to me for a year. Best 23 + years of my life.
2.) What crime did she do? Worked for the Rabbi. I'll bet you dinner that the INS agents in Seattle are Democrats making a name for themselves working in the Democrat stronghold.
3.) Legally seeking citizenship put them on the front lines vs. hiding and sneaking around. Where I live there are many students going to school who are not citizens. Heck, they even get a free drivers license and they are not citizens.
4.) Anyone who challenges the professors today are marked down in their grades. There have been many documented cases of college students challenging their professors and getting low or failing grades. Why? You tell me.
So please indulge us with some real thoughtful writings instead of ranting about someone being truthful and trying to do right. So far nothing you have said lately has made any sense.
NUFF SAID!!!!
Pudster
Posted by: Puddybud on March 31, 2005 02:28 PMNelson, frankly you're a little too out-of-touch with the folks here to be able to understand the psychology of the case. You'd be better off simply listening if you want to understand the apparent paradox instead of mouthing off the obvious [and flawed] accusation of hypocrisy.
Watching and listening also makes the matter more human.
Posted by: Kristan on March 31, 2005 02:50 PMIf she is the unmarried child of a U.S. citizen, under the age of 21, and not married, then her father can sponsor her as a permanent resident. No waiting period or quotas for this category.
All she needs to do is to have her father file a permanent resident petition on her behalf. Her father can also file one on her mother's behalf -- spouses of U.S. citizens have no waiting periods or quotas. And if her brother is under 21 and not married, her father can file for him too.
I can't see the problem here, if these are the facts. Maybe they have a dumb immigration lawyer.
Perhaps the Yana, mother and brother were here on a petition from her other brother (the long time U.S. citizen) and maybe the lawyer screwed it up somehow. They, of course, should pursue their legal appeals and rights regarding that petition.
But I think it would help if Yana's father also filed a petition on their behalf for permanent residence.
Posted by: Richard Pope on March 31, 2005 03:27 PMYou are right that there seems as if someone messed up in the process, which is Yana's responsibility, (or maybe there is more behind this then we know), but when illegals that have just been picked up crossing the border are told to go away and come back for a court hearing on such and such a day (and never do), and then Yana who is well established in the community gets jailed, something is wrong.
Posted by: Fred on March 31, 2005 03:40 PMThat being said, it will be interesting to see how vigorously La Raza, Southern Poverty Law Center, the ACLU, the democratic party and other criminal organizations rally to her defense. Can you say "crickets..."
PS - Bush's immigration policy is a joke. He's just trying to buy as many illegal votes as he can. You never know when a couple hundred illegal votes will tip the scales...
Posted by: Nelson blows on March 31, 2005 04:29 PMhttp://www.dailybulletin.com/Stories/0,1413,203~21481~2765144,00.html
http://www.govtrack.us/congress/bill.xpd?bill=h109-698
Lie with dogs, watch out for fleas
Posted by: Steven on March 31, 2005 05:52 PMOnce the brother became a citizen, he could sponsor his father to come here immediately. Any citizen over 21 can do so for their parent or for their unmarried child under 21 immediately.
He could also file a petition for his siblings, regardless of their age. However, that is the fourth and last preference for family members, and there is one hell of a long waiting list.
http://travel.state.gov/visa/frvi/bulletin/bulletin_2084.html
Basically, for sisters and brothers of U.S. citizens, the USCIS (i.e. INS) is now processing applications that were submitted on or before January 8, 1993 -- i.e. over 12 years ago!!!
So the petition filed by Yana's brother is going to go absolutely nowhere. I assume that she came over to the U.S. on an ordinary visitor's visa. That is good for a maximum of six months, and I assume she has been here a lot longer that this.
If she has overstayed her visa by over six months, she will be barred from re-entering the U.S. for a three year period. If the overstay has been for more than one year, then she will be barred from the U.S. for a ten year period.
The only family member who could petition for her to be a permanent resident immediately would be her father.
Hopefully, Yana at least entered the U.S. legally (as opposed to staying legally). If she didn't enter legally, she cannot adjust her status while in the U.S. and would have to leave.
Granted, immigration law isn't my specialty, and I could be wrong about some or all of what I just said. But at least I am here and Yana and her family are apparently on the way out of here.
By the way, did Yana pay resident or non-resident tuition at the community college?
I certainly have a lot of empathy for Yana on the personal level. But no non-citizen starts off with any right to live in the United States, much less visit here.
Posted by: Richard Pope on March 31, 2005 06:34 PMThe problem about turning the rest of the illegals in, is that there is a law for local police departments that state that officers are not allowed to ask if they are US Citizens. That is a bigger joke. The hypocrites on the left don't give a rat's a** if this country goes down the pooper to 3rd world status - yes that means you, trolls and you know who you are.
The Republicans are not much better - they are spineless about this issue. Sorry this occurrence, but there is a much bigger problem out there - hello, does anybody really care ?
http://www.mtbaker.wednet.edu/crosscountry/html/EventGirlsVarsity.html
Since she evidently graduated from a Washington high school, she was able to benefit from a special state law intended to help illegal immigrants by allowing those folks resident tuition if they graduated from high school in state -- giving them an advantage that 98% of U.S. citizens don't have.
I don't see how Yana could have possibly been here legally. Unless of course, she was somehow granted political asylum based on fears of persecution due to involvement of older family members in Belorussian politics.
Of course, if she was granted asylum, then I don't think they would be deporting her for not meeting some paperwork requirement.
More likely, she filed an application for asylum, and somehow screwed up in the application process. Perhaps she missed an interview or hearing, or didn't get a form submitted on time. So her application gets denied and now they are seeking to deport her.
I think the best solution would be for her father to file a petition for permanent residency for her. Also for her mother and her siblings -- assuming, of course, these people happen to be her father's wife and children (they have divorce and remarriage in the ex-USSR too).
Posted by: Richard Pope on March 31, 2005 07:20 PMSorry if this is a more level-headed and unintersting post, but that's the way it is.
So, it may well be there are no politics involved, just some CO with a burr up his butt. Yes, yes, I know, your typical average LIBERAL CO is far more inclined to vacillate work standards based on a burr up his butt than your typical conservative "we have morals" type. Well, since when have people not been known to get so worked up from time to time that they lose all sense of reason? I mean, just look at Nelson.
Where was I? Oh yes. People who say the INS has latitude to let this lady stay are probably right. People who smell some kind of conspiracy are probably not. And people who try to compare this one unfortunate but otherwise law-abiding lady with Mexicans illegally sneaking into America by the millions, well they are so far off course we can forget about the compass or even the GPS they need a map of the *%$#@ (can you say *%$#@ in here?) Galaxy.
Posted by: Chuck Miller on March 31, 2005 08:22 PMWe would also like to ask someone to help with the development of a dedicated web site and fund to raise money to pay for the lawyer's expenses.
Please reply if you think you can help.