Trace and Lydia 4: Deportation Watch

[GuineaPigCourtship]

@GreenBeans I had a cosleeper basinet that attached to the bed.  It was just as thoroughly unsuitable for the princess as every other alternative that wasn't in my arms with a boob inches away.

[rebeccawriter01]

8 hours ago, noseybutt said:

My best guess is that there was no way to adjust her status without extreme risk. It was all a big catch-22.

For example, if she had met Trace will still in Germany and had never lived in the US, her coming to the US would have taken paperwork and time but would have been doable.

But because she is already in the US and part of an asylum case and on deferred action, returning to Germany would have fouled up the asylum and deferred action and possible created concerns about her being inadmissable. (Meaning she couldn't apply for status through her husband). Not returning to Germany meant a long drawn-out, complex legal battle that did not give off the ground before the deferred action was revoked.

This is where I do have empathy because US immigration law is a train wreck.

But, as I have said before, I have zero empathy that they think they are so special....

 

So my understanding is that yes, she would have to give up her deferred status and go back to Germany to apply even then. Her parents and their lawyers should have removed her and her siblings from the asylum claim as they came of age, but they felt they had a better case altogether. I'm sure their lawyers through the HSLDA recommended that for the sake of public image versus what was actually good for the grown children. Now Lydia and her siblings have no real standing, as their names are still attached to this idea of being persecuted for homeschooling when all are out of school and Lydia's the only one with a child - who isn't near school age yet.

Their deferred status essentially stopped the clock on them over staying their visa which expired a full two years before they ever were listed as deferred action. It is sort of the nebulous land between documented and undocumented. Deferred meant they never had the status of a green card holder, permanent resident, or a citizen. However, they were here permissibly but not by invitation. 

Should they decide not to voluntarily self-deport, a judge hearing the case can say they overstayed their visa but the last years that they were on deferred action status won't be counted against them.  

Those from ICE and lawyers I have talked to in professional development said that deferred action is like waiting for your parents to get home and yell at you for not doing your homework. You're not in trouble yet, but you know it is coming. And you wish you could go back in time and do the dang homework and avoid the whole mess. 

[noseybutt]

3 minutes ago, rebeccawriter01 said:

So my understanding is that yes, she would have to give up her deferred status and go back to Germany to apply even then. Her parents and their lawyers should have removed her and her siblings from the asylum claim as they came of age, but they felt they had a better case altogether. I'm sure their lawyers through the HSLDA recommended that for the sake of public image versus what was actually good for the grown children. Now Lydia and her siblings have no real standing, as their names are still attached to this idea of being persecuted for homeschooling when all are out of school and Lydia's the only one with a child - who isn't near school age yet.

Their deferred status essentially stopped the clock on them over staying their visa which expired a full two years before they ever were listed as deferred action. It is sort of the nebulous land between documented and undocumented. Deferred meant they never had the status of a green card holder, permanent resident, or a citizen. However, they were here permissibly but not by invitation. 

Should they decide not to voluntarily self-deport, a judge hearing the case can say they overstayed their visa but the last years that they were on deferred action status won't be counted against them.  

Those from ICE and lawyers I have talked to in professional development said that deferred action is like waiting for your parents to get home and yell at you for not doing your homework. You're not in trouble yet, but you know it is coming. And you wish you could go back in time and do the dang homework and avoid the whole mess. 

In keeping with this, I found this link from a Well Trained Mind discussion board from 2014. Posters there are mostly homeschoolers from across the religious spectrum (Christian, atheist, agnostic). They have screenshots from the HSLDA website at that time in which Michael Ferris, attorney, describes deferred action as meaning the family can stay “permanently” in the US.

Holy smokes batman they got some terrible legal advice but that’s what you get confusing HSLDA with any skill in immigration law.

The current HSLDA website appear to have scrubbed that post.

https://forums.welltrainedmind.com/topic/506726-german-homeschoolers-denied-appeal/page/2/

[GreenBeans]

11 hours ago, käsekuchen said:

Granted we're jurists (sitting the German bar this week),

Fingers crossed from a fellow German lawyer! I’ve been there and done that, it’s a horrible exam to go through but feels so good once you’re done!

[Smash!]

8 hours ago, rebeccawriter01 said:

Their deferred status essentially stopped the clock on them over staying their visa which expired a full two years before they ever were listed as deferred action.

 

8 hours ago, rebeccawriter01 said:

Should they decide not to voluntarily self-deport, a judge hearing the case can say they overstayed their visa but the last years that they were on deferred action status won't be counted against them.

They would still have 2 years overstay. What are the rules then, would they get a ban to reenter the US? Does the fact that Lydia is married to an US citizen play a role in that decision?

[HereticHick]

2 hours ago, Smash! said:

 

They would still have 2 years overstay. What are the rules then, would they get a ban to reenter the US? Does the fact that Lydia is married to an US citizen play a role in that decision?

I don't think that she has since married a US citizen will factor into it. But, I'm not an immigration lawyer. Ironic that they needed a good immigration lawyer--probably couldn't find one that wasn't a godless liberal 🤣

[rebeccawriter01]

5 hours ago, Smash! said:

 

They would still have 2 years overstay. What are the rules then, would they get a ban to reenter the US? Does the fact that Lydia is married to an US citizen play a role in that decision?

It's going to depend on the immigration judge (if they don't self-deport). Some might take offense that she knew she was precariously here and still got married in an attempt to circumvent the law. Others might say too bad so sad. Legally it means nothing. However, judges are human and do have "feelings" about the situation. It's just hard to have a sustainable verdict based on feeling bad for the person. It happens but can be tricky with things getting thrown out, etc.

They have overstayed the original visa that was for 90 days. Some of that might be ignored because they were in the midst of appeals, etc. I think that hurts her parents more than it hurts the siblings. One was 3 when they arrived. Nobody honestly thinks the 3 year old is going to say, "Mom and Dad, we should go back."

A ban is possible, but I don't see it in this case being a given. Those tend to be used when someone is in the US without documentation for the third or fourth time, has done something criminal, etc.

I would say that Lydia and her married brother stand the best chances of being approved once they go through the process in Germany. That's where her marriage would help. 

 

[noseybutt]

8 minutes ago, rebeccawriter01 said:

It's going to depend on the immigration judge (if they don't self-deport). Some might take offense that she knew she was precariously here and still got married in an attempt to circumvent the law. Others might say too bad so sad. Legally it means nothing. However, judges are human and do have "feelings" about the situation. It's just hard to have a sustainable verdict based on feeling bad for the person. It happens but can be tricky with things getting thrown out, etc.

They have overstayed the original visa that was for 90 days. Some of that might be ignored because they were in the midst of appeals, etc. I think that hurts her parents more than it hurts the siblings. One was 3 when they arrived. Nobody honestly thinks the 3 year old is going to say, "Mom and Dad, we should go back."

A ban is possible, but I don't see it in this case being a given. Those tend to be used when someone is in the US without documentation for the third or fourth time, has done something criminal, etc.

I would say that Lydia and her married brother stand the best chances of being approved once they go through the process in Germany. That's where her marriage would help. 

 

I think you nailed it above when you said Lydia and her brother removing herself from the asylum case as soon as they married (or were engaged) would have been smart, but likely her parents and HSLDA lawyers did not want that because of the optics. As a marriage case applying from Germany, her chances are high.

[klein_roeschen]

On 10/2/2023 at 3:20 AM, gobucks said:

At least the dad admits that the adult kids would be screwed going back to Germany having homeschool diplomas from here. 

No matter what the Uwe Romeike says, his children wouldn't be very screwed when they come back to Germany, even with their homemade homeschool diploma. If they come back they can instantly apply for welfare (Hartz 4) which involves health insurance and living costs. If they speak german half decently they would find work pretty fast as a cashier at a supermarket or any other job that didn't require much skills or a diploma. They pay isn't big but enough to provide for themselfes. They can either go to night school to get their Hauptschulabschluss or very likely their local Arbeitsagentur will send them to a special school if they live on benefits (non debatable if they want to get money from the government) to get their Hauptschulabschluss and after that they will get help looking for an apprenticeship. If they finish that they can go on in their education to get the next higher school diploma and after that even go on to get their Abitur and go to University. It will take them some extra years compared to folks their age, but it's doable and they are not alone with getting higher education that way. So the only kind of screwed they are is in the eyes of their parents and I suspect that they fear that when they have to return to Germany their kids may realise that it wasn't the german law that fucked them over, their parents where.
Source: Me. I stopped going to school at 16 and got my Hauptschulabschluss at 19 through a mandatory seminar to recieve benefits. That seminar was mostly troubled young adults with no desire to learn so the educational standart wasn't very rigorous. I would say even a Rod kid could have passed, but I don't care because I got my Hauptschulabschluss and later my apprenticeship as a first stepping stone to build apon.

On 10/2/2023 at 11:39 PM, Dandruff said:

I watched the video and found him very obnoxious, along with his FIL.

They appear to not understand the meaning of the word "indefinite", though I would expect that an Internet search and/or discussions with lawyers should have cleared that up sometime within the past 15 years.

Uwe also repeatedly used the word "couldn't" vs "wouldn't" with regard to his non-cooperation with German authorities when they insisted that his children go to school.  Why?  He feels that it's his right as a Christian and as a parent to educate his children.  There was also mention of a change in his older children's personalities when they attended school, and he claimed Lydia was bullied (which I don't question), but I heard no mention of talking to the school about the bullying or trying to switch schools.

IMO, they're just pushing the persecution angle hard and hoping for a swell of viewer of support to help keep them in US.  I won't be surprised if they get it, but I think it would open the US up to a potential flood of others trying to do the same thing.  I hope they don't get an exception, especially if might cause someone trying to immigrate to the US due to, say, genuine life-or-death persecution to be further delayed as a result.

Little tip here for dear Uwe, use an online dictionary if you don't know the meaning of a word. I do it all the time, it isn't hard, I promise.
And I'm here and hope that the judge tells their entitled asses to move themselfs out of the US and back to Germany. Not that I want them here, because I think that at least Uwe Romeike would feel at home in certain right wing circles and may even become some kind of celebrity. But their entitled asses need to learn that they are not better than other immigrants just because they are white european christians and not brown people fleeing real dire situations.

@käsekuchen Fingers are crossed here for your StEx

[CanadianMamam]

Washington, D.C - Congresswoman Diana Harshbarger released the following statement on the Romeike family.

"Good news! ICE has granted a one-year stay of removal for the Romeike family. My colleagues in Congress, beginning with those on the Judiciary Committee, now have time to consider my bill, H.R. 5423. This bill would grant the Romeikes permanent residency. I appreciate that so many East Tennesseans were among the 100,000 Americans who petitioned support. In doing so, they conveyed firsthand knowledge of the Romeikes’ contributions to our Morristown community and support of their right to homeschool their children free from persecution. I would also like to thank the Home School Legal Defense Association for its guidance in helping me secure this one-year stay as a stopgap so my work to pass H.R. 5423 may continue."

they were granted a one year extension. 

[Zebedee]

Reddit has shared a post from Uwe‘s TN rep. Apparently, the Romeikes have been granted a year‘s stay. Which is good for Lydia and the younger kids, and also Germany, wonder if the parents will bother to try and get things in order now, or if we will see a repeat next year? Should I even ask if this will make a dent in the Bateseses‘s unshakeable racism and hatred of all other immigrants?

[lumpentheologie]

I find it really disgusting that they’re being granted an extension just cause they’re white Christians. Persecution, my ass. 

Edited October 6, 2023 by lumpentheologie

[HumbleJillyMuffin]

This news has made me irrationally angry for some reason. I'm tired of the special treatment for these people because they're white, Christian and have connections. It doesn't mean I want them back on the next plane, but the hypocrisy and inequality is astounding. I'm mad. Rules for thee, but not for me. 

[freethemall]

If only the thousands of other asylum seekers deported every year were so lucky.

[klein_roeschen]

8 hours ago, Zebedee said:

Reddit has shared a post from Uwe‘s TN rep. Apparently, the Romeikes have been granted a year‘s stay. Which is good for Lydia and the younger kids, and also Germany, wonder if the parents will bother to try and get things in order now, or if we will see a repeat next year? Should I even ask if this will make a dent in the Bateseses‘s unshakeable racism and hatred of all other immigrants?

That won't shake their racism but rather enforce it. The Romeikes are lilly white fundies sharing their values, so they should get their residency handed them on a silver platter and their mind. And Lydia proved that she has a working uterus and therefore value. And I don't think that the Romeikes will work on getting their things in order, too. They got another year granted out of their whining to the right wing press, so got their entitlement confirmed. Who needs to have their things in order or follow orders when you are chumy with your Congresswoman. One of the reasons they choose Bumfuck, Tennessee and not an economical stronger but therefore more liberal place with more job opportunities when they came.

[Smash!]

12 hours ago, freethemall said:

If only the thousands of other asylum seekers deported every year were so lucky.

You know those bad brown people who are actually fleeing from violence and poverty? Oh well those are disposable.

 

[gobucks]

They said in this week's video that Lydia's ICE appt is on October 11. I don't know if that was recorded before or after the announcement of the 1 year extension. They are planning to drive 10 hours with the baby to Jackson's wedding in FL next week as well. They are bringing along Lydia's sister to help since Trace is in the wedding. Personally, I cannot imagine taking that drive with a baby during postpartum recovery and attending a wedding during a COVID spike in flu season... but maybe that is just me. 

Edited October 7, 2023 by gobucks

[Cupcake79]

Is it 10 hours one way?

[gobucks]

5 hours ago, Cupcake79 said:

Is it 10 hours one way?

Yes. 

[Tdoc72]

Have they mentioned any more about the immigration thing since they got the 1year extension?  I haven’t watched any of their vids since that whole thing started. Just wondering if they are staying on top of things or are just letting God handle it for them?

[Smoochie]

16 hours ago, Tdoc72 said:

Have they mentioned any more about the immigration thing since they got the 1year extension?  I haven’t watched any of their vids since that whole thing started. Just wondering if they are staying on top of things or are just letting God handle it for them?

Nope, not a word. I wonder if they're doing anything behind the scenes to solve the situation or in a year will just pull out the tears and persecution of white christians again!

[gobucks]

Trace keeps calling foliage FALLAGE and it is making me crazy. For someone that lives somewhere that thousands of people travel to see the deciduous trees changing in the autumn, he really should know that. 

[JermajestyDuggar]

16 minutes ago, gobucks said:

Trace keeps calling foliage FALLAGE and it is making me crazy. For someone that lives somewhere that thousands of people travel to see the deciduous trees changing in the autumn, he really should know that. 

That’s a hard one for people. I say foe-Lee-age. But I hear a lot of people say foil-age. I haven’t hear fall-age though. That’s new.

[JDuggs]

1 hour ago, gobucks said:

Trace keeps calling foliage FALLAGE and it is making me crazy. For someone that lives somewhere that thousands of people travel to see the deciduous trees changing in the autumn, he really should know that. 

I had to go listen to it. Trace speaks with a Southern drawl which I think is part of his mispronunciation, but I also think he would spell it similarly. He’s probably never seen the word written and is just going by how he hears other people saying it while mixing in the concept that the word has something to do with the season of fall. Bless his heart, Trace isn’t very bright.

[Mrs Ms]

Doesn’t he work in tree cutting or lawn care? 2 professions directly impacted by “fallage” 😄