Missing Soldier's Wife Faces Deportation

While the U.S. military searches for a soldier missing in Iraq, kidnapped by insurgents possibly allied with al Qaeda, his wife back home in Massachusetts may be deported by the U.S. government.

Army Spec. Alex Jimenez, who has been missing since his unit was attacked by insurgents in Iraq on May 12, had petitioned for a green card for his wife, Yaderlin Hiraldo, whom he married in 2004.

Their attorney, Matthew Kolken, said 23-year-old Hiraldo illegally entered the United States in 2001 to reunite with her husband, whom she had met in her native Dominican Republic and later married at his New York State Army base in 2004.

Her husband's request for a green card and legal residence status for his wife alerted authorities to her status, Kolken said.

She now faces deportation, reports CBS station WBZ correspondent Beth Germano, and would be barred from applying for a green card for 10 years.

Her attorney is seeking a hardship waiver, which so far the government won't grant.

"I can't imagine a bigger injustice than that, to be deporting [the wife of] someone who is fighting and possibly dying for our country," Kolken told WBZ.

All this comes as the military continues to search for Jimenez and another soldier, Pvt. Brian Fouty, missing in Iraq since May 12, the only trace an ID card found during a raid on an al Qaeda safe house.

"She may never be able to return to the United States, to visit her husband's grave if necessary," Kolken said.

Their third wedding anniversary was last week.

An immigration judge has been sympathetic, putting the case on hold since Alex Jimenez was reported missing. But her case is in limbo, and her future in this country uncertain.

She is currently with family members in Pennsylvania.

Sen. John Kerry, D-Mass., has asked federal immigration officials not to deport Hiraldo.

In a letter to Homeland Security Secretary Michael Chertoff, Kerry said the grief and stress being felt by Hiraldo should not be compounded by worries about her immigration status.

"Under no condition should our country ever deport the spouse of a soldier who is currently serving in uniform abroad," Kerry said. "I feel even more strongly in this case, given the terrible uncertainty surrounding Army Specialist Alex Jimenez."

In his letter, Kerry urged that no action be taken against Hiraldo while her husband remains missing.

"I believe this is a very real test of our government's compassion for a military family which has already made enormous sacrifices for the United States," he wrote.

[sarahiqueen]

Why are us human beings do discriminating, i am seeing alot of the comments and no one seem to have syphaty for this poor lady that is missing her husband, first of all , the Whole United states was build on immigration, second of all , theres a part of the constutition that says " All Men and Woman are created equal" Ot no where says all men and woman with legal residency or a social security number are all created equal. Were is your human compassion, it doesnt matter when or where they got married, it doesnt matter where she is from, what matters is that she is a human being in suffernebt for a loved one, a loved one who is missing serving for this country , this country that is treathing her of leaving what is know her home, leaving the chance of havibg her husband close to her, dead or alive, and i pray to god he is alive. Have a little bit of human kindness in your self, put away the borders the paper, everything and think like a human being.

[whobub]

For andf22 post at 01:32 PM : Jun 21, 2007 where you state ". .No one seems to care about the 2 border patrol agents who are in jail. ."

I think many DO care, but that's not what this article/thread was about. These agents should be found to be not guilty or an injustice will have occurred indeed--but that's another thread. Since the (this) article focuses on the wife of an enlisted U.S. soldier (not an officer as you stated), unless she was involved in the border agents' demise, it is moot herein.

Further discussion on this article is now essentially moot as well as the news shows this wife will not be deported at this time.

[CUBANOGM]

For anybody that doesn't know its history. California was native american first, then spanish took over it, then when Spain got out, Mexico claimed it and then the USA claimed it last, actually paid Mexico for it, it actually did pay for it, money exchange hands between the countries. So, if anybody is going to claim it, the last one is the owner. The aztecs never controlled California or any of the Southwest nor any of the old mexican tribes did either. So if anybody wants to go back enough is either the native american tribes of California or Spain the ones that have any rights. So California is not Mexico nor will ever be.

[CUBANOGM]

I came here legally and I'm thoroghly against ilegal immigration since the immigration officer of the first country (Mexico) I ask asylum on told me to go back to my country to get put against the wall and shot. But in this case this lady should be given her permanent residency ASAP. Her husband certainly paid for it. It will be an injustice if she doesn't get it. What surprises me is that Sen. Kerry didn't make an effort thru Congress to get this lady the residency. He can thru an act of Congress specially for her. Her lawyer should look into this.

[rudy654-2009]

"It just highlights the big picture here. Its better to break the law rather than try to follow it or enforce it."

Did the founding fathers break any laws that you can think of?

[andf22]

What an irony. Everyone seems to be on the bandwagon to bend the rules so that she can stay in the US because she was married to an army officer.
No one seems to care about the 2 border patrol agents who are in jail for 10+ years for trying to protect our borders from drug smugglers.

It just highlights the big picture here. Its better to break the law rather than try to follow it or enforce it.

[rudy654-2009]

"I don't know if I'm a nativist or not but my ancestors (my mother and my paternal grandparents) arrived in this country as legal immigrants with all the proper paperwork."

First of all, before your Euro-immigrant mother and grandparents ever came here, there were over 500 nations here first. No one asked about their laws or cared. So, yes, even your immigrant ancestors, who don't only include your mother and grandparents, came here without a "visa" or permission. That is why you are hypocrits on this matter. Second, for years immigration was hardly a problem in America, because virtually no laws existed on the matter. One merely had to arrive and was considered a citizen on the spot. Then, people started getting upset about the undesirable immigrants that were arriving, after all, they didn't fit their idea of what are truly "beautiful" people. Then immigration laws became harsher and over time even more so. It used to be that just being married to an American made the immigrant an automatic citizen. Now, the only people who can even apply and get consideration are the very rich and highly educated. Most of the ancestor immigrants of Americans today would not have been able to come here had those laws been in place in their time.

[norcim]

This is one time I think there should be an exception to the blanket rule.
I have known many service members who were not full citizens while they served. When they got out they had to jump through hoops to explain why they were in this country for so long without becoming a citizen. I thought it was *** then and still do. There should be no easier test for citizenship then to serve honorably in the military.

Part of the article doesn't seem to make sense. If they got married in 2004 how did she enter the country to reunite with "her husband" in 2001?

Either way, I don't see any particular need to give her any more grief now. In my opinion she should be allowed to pursue citizenship as if she came her legally. Her husband has earned that for her.

To all those jumping on this bandwagon:
"I wish you nativists would get your history straight. Unless you are a pureblood Native American, your ancestors were immigrants who arrived without visas. You and people who agree with you are hiding behind legalisms to mask your prejudice and fear of people you don't consider to be like you."
I don't know if I'm a nativist or not but my ancestors (my mother and my paternal grandparents) arrived in this country as legal immigrants with all the proper paperwork. So as far as that goes my history is pretty straight.

[andrew_693]

The question is why are american soldiers marrying illegal immigrants, how did that get past the army? a lot of them come back from eastern europe married to prostitutes, or from korea the same way.

[whatithink-2009]

I wish you nativists would get your history straight. Unless you are a pureblood Native American, your ancestors were immigrants who arrived without visas. You and people who agree with you are hiding behind legalisms to mask your prejudice and fear of people you don't consider to be like you.
Posted by leomoore

- Actually Native Americans came here without a visa as well...via the Bering Straits.