Injustice is served to the Servano family
Dr. Pedro Servano and his wife Salvacion of Selinsgrove, Pennsylvania are parents of four U.S citizens and prominent members of the Central Susquehanna Valley. However, because of a change in their marital status during their visas application process more than 20 years ago, they are now in danger of being deported back to their native country, the Philippines. Deportation proceedings for the Servanos began November 26, 2007 after all their appeals were exhausted. Fortunately, in December of 2007, officials temporarily stayed deportation proceedings against the Servano family, because the Department of Homeland Security (DHS) granted the Servano’s request for deferred action. This allows them to continue living and working in the United States for an unspecified amount of time. (Damian Gessel/Daily Item, 2007)
I believe the Servano family should be allowed to stay permanently in the US because neither of them entered this country under false pretenses. An innocent error in their paperwork should not be cause for them to be deported. The marriage occurred after the papers were filed and before they entered this country and they were never asked or were given the chance to update their paperwork. The judge presiding over their case thought they lied to enter the country, and ordered them deported. I believe that the judge ought to be more lenient, given this special set of circumstances. The DHS is doing its job and we need an organization like this but not every case is black and white. We need to keep a close eye on people illegally coming to this country but when people have proven to be essential citizens of this country for years; this needs to be taken into consideration. The current laws are obviously flawed and this situation is a perfect example of that. Hopefully this will be fixed, but also exploited in order for Washington to see the current problems with our deportation process.
There is the petition that was launched in support for keeping Pedro and Salvacion Servano in the United States. This petition was started not only to show documented support for their stay in the country, but also help spread the word of their case. Almost every signature was followed by the person’s opinion of support for the Servanos. In this particular deportation case it is obvious to the supporters that this is a special case. According to the supporters, the Servanos are a model American family that displays all the characteristics of what is good about this country we live in. To send them away would feel like a crime to all who hear their story. The people are call-ing for an intervention by the US Senate to pass special legislation in support of the Servanos staying in the US. I encourage you to join the thousands of Servano support-ers and sign the petition asking that they be allowed to stay in this country. (Gessel, Damian7/Daily Item, 2007)
It all began in 1978, when both Pedro and Salvacion were single, and their parents applied for visas for them to come to the United States. Pedro and Salvacion were sweethearts in the Philippines, but because they were not married at the time, the visas listed them as single. After Pedro graduated from medical school in 1979, he often went into remote areas to see patients, and Salvacion, a nurse, sometimes accompanied him. While they endured the long wait for visas to enter the U.S., her father told them people were talking about their trips together, so in 1980 the two eloped and married in the Philippines. Soon after their marriage, Salvacion was granted a visa and came to the U.S. in 1982. Pedro followed two years later and the couple moved to Philadelphia. He practiced medicine in Philadelphia and she continued nursing. Neither was aware that their change in marital status needed to be reported to immigration officials. (Genaro C. Armas, 2007)
In 1990, after they moved to San Diego to be close to Salvacion’s family, they applied for US citizenships, choosing to do it themselves without the assistance of immigration attorneys. Since the application asked them their status, they disclosed that they were married when they immigrated to the US. Immigration inspectors reviewing their applications discovered a record that the marriage occurred while they were still living in the Philippines. Accused of lying, they were ordered deported. They could have applied for “suspension of deportation” as they had been in the US for at least 7 years, had been of good moral character during that period, and could have easily shown extreme hardship with their four US citizen children. But their lawyer apparently only argued that they did not intend to violate US laws. They were not aware they had to be unmarried until they arrived in the US. They informed officials at the first chance they got, when they applied for citizenship. (Pat Ciarrocchi, 2007)
The legal process has been long, hard, costly and very emotional for the Servanos, and in my mind very unfair. When the Servanos had their day before the immigration judge, he did not give in to their plight and deemed the couple deportable. He accused them of lying on their application, since a change in marital status would have delayed their application. When they filed, they were single, so how could this be a lie. How can someone be expected to know what his or her status will be in the future? However, the immigration laws do require that “change in marital status” be reported. They then applied to the Immigration court of Appeals but the appellate judge agreed with the ruling of the immigration judge. They then brought this up with the Ninth Circuit Court of Appeals. Their appeal here was also denied. This entire legal process took more than 15 years. (Salvacion Servano, 2008)
Residing in Selinsgrove, PA, the Servanos went about their normal lives, model citizens, living the American dream, although this dark cloud still was over them. Finally, in October of 2007 the Servano’s received a letter from the Department of Homeland Security DHS stating that on November 26th 2007 they must report to the DHS office for deportation. Pedro Servano said, “After that, it was as if a ton of bricks had fallen on our family.” They never believed in their wildest dreams it would come to this. The “bag and baggage letter” from the DHS instructed them to report to homeland security officers on November 26, bringing with them no more than 80 pounds of luggage each, to be processed for deportation. DHS spokesman Michael Gilhooly told reporters that the Servanos had their due process and ultimately must go. (Genaro C. Armas, 2007)
The Servanos then sought further legal representation who contacted the DHS directly to try and rectify the situation or grant an extension on their stay. After receiving the DHS letter, the Servano’s sought legal counsel from Gregg Cotler and Ann Ruben from Philadelphia, and Gregory Graig from Washington, D.C. who are all making last-ditch efforts to contact the DHS directly.( Genaro C. Armas, 2007)
They also reached out to Pennsylvania Senator Arlen Spector for his help in this matter. Mr. Spector has voiced his agreement that this is a special case and worthy of a private legislative bill to be put forth to the Senate. This has not happened to date. A stay of deportation was granted while the senator reviews the information on the Servano’s case. In the mean time the Servanos continue with their lives here in the US. (Pat Ciarrochi, 2007)
Since the deportation notice came to the Servano’s door in October 2007, there has been a tremendous amount of support from communities all over the world. Anyone who hears the story of Pedro and Salvacion doesn’t think twice that this is a special case and that they deserve to stay in this country. They did not sneak into the country and become a burden the community. In fact they are a perfect example of two people living the American dream. Pedro is a doctor serving an area that is already under staffed medically. Salvacion worked as registered nurse before opening and operating her local market in Sunbury, PA full time. The market was opened and in depressed area that is now seeing a comeback due to the efforts of the Servanos. (Genaro C. Armas, 2007)
The only thing that they are guilty of is not updating their immigration paperwork after they were married. Something they were unaware they had to do. And is this a crime? The “crime” is minuscule compared to the people pouring over the bor-der. Why is the Immigration and Customs Enforcement focusing on these people who have been here for 17 years, when there are tens of thousands lined up at train and bus stations across the nation this very minute, illegal day laborers some here for days. This is not something that should be the cause of tearing their family apart. All of their children are US citizens. It is their right to stay in the US and continue their Education or careers if they choose but this government decision will also affect their lives. Laws are passed as absolutes. There is, however, room for judgment in enforcement. For this being said, “These are not people that snuck into the country and burden the eco-nomy. In fact they are a perfect example of two people living the American dream.”
The children are affected too. They are faced with probably the toughest decision they’ve ever had to make in their lives. They can either stay in this country or continue life as they know it or leave with their parents to a country with far less opportunity for their futures. Once, in my life I had to make the toughest decision for my future. I had to choose between staying with my family and leaving for a new country. I have to live with that choice every day. Being away from the people I love and the life I know is not easy. This is the choice the Servano children may soon face. They may have to choose between family and a new country. If they stay, and their parents get deported, they will endure the same pain I faced. In life, sometimes we face choices and I chose to come to US to have a better future. On the other hand, they may choose to stay in the US to have a better future. I truly believed that the US has more opportunity and can offer a better life. If I stayed in the Philippines I would not have the same opportunity.
Perhaps the only chance the Servanos have of remaining in the US is if one of their Pennsylvania senators, Arlen Specter or Robert Casey, sponsors a US senate bill that would allow them to remain in the US. To get a US senator to sponsor such a bill would require the endorsement and support of organizations like the Association of Philippine Physicians in America (APPA), the National Federation of Filipino American Associations (NaFFAA) or the newly-formed Filipino American Leadership Council (FALCON). If not solved the Servano family could be on a plane back to the Philippines. A country they haven’t lived in since the early 1980’s. (Damian Gessel, 2007)
The outpouring of public support caused the DHS to grant a temporary reprieve. Whether that reprieve will be permanent will depend on the extent of that support. You can help by signing the petition. People in Pennsylvania and its neighboring comm-unities who support the family are signing this petition. It is their wish that the US government grant Dr. Pedro Servano III and Mrs. Salvacion Servano full amnesty or at the very least, an extension for their stay in this country and another opportunity for their case to be heard. If you believe in the American way of keeping families together, please sign the petition and show your support too (ipetition, 2007)
I believe the Servano family should be allowed to stay in the US because neither of them entered this country under false pretenses. The marriage occurred after the papers were filed and before they entered this country. They were never asked to update the papers. The judge presiding over this case ought to be more lenient, given this special set of circumstances. The current policies say that it’s a crime for the Servano to be in this country. Breaking up this family serves no good purpose; and I believe it would be a crime to make them leave. If you wish to sign this petition, you may do so at http://www.ipetitions.com/petition/servanofamily. (ipetition, 2007)
Monday, October 6, 2008
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