A Down man has been stung by U.S. immigration law and separated from his American wife after traveling home to Ireland to visit his dying father.
Ruairi Oakes, 29, from Killyleagh, Co. Down and his American wife Ami, 38, left their home in Pittsburgh at the end of February to visit his terminally ill father in Ireland.
“I came back this time around for my Dad,” Oakes told the Irish Voice during a phone interview on Monday, from the family home in Shrigley, Co. Down.
“I just got home in time,” he said, explaining his father passed away two days after the couple arrived in Ireland.
When Oakes and his wife attempted to travel back to the U.S. last week, he was told he now faces a possible 10-year ban as he left the U.S. before he was fully legalized through his wife, who applied for a green card on his behalf.
“I didn’t even try the airport, they told me at the embassy,” Oakes said.
Oakes originally moved to the U.S. in October 2004 where he got a job as bricklayer in New York City. Two months later he met wife Ami.
“I overstayed my 90-day travel visa,” he explained.
The couple later married in April 2006 in the Bronx Courthouse. Once they married Oakes was eligible to have his American wife file a green card petition on his behalf.
But Oakes explained there was a delay in filing their case, as Ami has been out of work. However, when they filed their application an immigration official expressed doubt concerning the legitimacy of the couple’s relationship.
“The guy turned around and said, ‘I don’t believe you have been married,’” Oakes recalled.
With his green card application in limbo, the U.S. Citizenship and Immigration Service issued him an advance parole document while he waited for his case to be processed. Advance parole allows for departure from the U.S. while a case is being processed – but those who are undocumented are advised not to use it, as they could be subject to a U.S. ban if they leave.
Oakes was also issued a Social Security number and work authorization, allowing him to pay taxes.
Oakes traveled back to Ireland in December 2010 to see his ill father and was later permitted to re-enter the U.S on the return leg of his journey.
“They let me come back as a parolee,” Oakes explained.
However, this time around the U.S. Consulate in Belfast informed him it could be anywhere from six months to 10 years to process his case.
“My wife traveled back last week. She had to start the process from her end,” he said.
“We are just really waiting,” he added.
Oakes, who worked as a carpet cleaner and construction worker in Pittsburgh, says it’s likely he will lose both jobs.
“It’s hard being at home. There is not much about and there is no work for construction workers whatsoever,” he said.
“To give up two jobs to come home to none is tough.”
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Switch to the desktop site to post a comment.STEVENSTAR | Apr 05, 2012, 10:09 AM EDT
THIS IS WHY MOST IRISH DONT EVEN BOTHER GOING TO WORK IN AMERICA ANYMORE WE GOTO AUSTRALIA OR UK ,, IM IRISH I LIVE IN AND TO BE TREATED LIKE DOGS BY THE SO CALLED 'FRIENDLY AMERICANS YOU CAN SEE THE BULLSHIT AND DOUBLE STANDARDS... MIND YOU AMERICANS CANNOT WORK IN IRELAND AND CAN ALSO ONLY COME HERE ON A 90 HOLIDAY VISA ... THAT INCLUDES AMERICANS WHO WANT TO BE IRISH .. SO HOW IRISH DOES THAT MAKE YA ? ;) NOT ALOT
MCCOLGAN1492 | Apr 01, 2012, 06:03 PM EDT
That is odd Georgie the Wanker---- that is probably what you look like with gray hair!!!! He looks like a young Georgie the wanker...
Ms.Gail | Mar 31, 2012, 11:09 PM EDT
He obviously is trying to do things legally as I hear it's as easy as pie to fly from Belfast to Canada and many backroads into Maine, Wisconsin and Minnesota, etc. that hunters use regularly chasing game back and forth across the border.
amioakes | Mar 31, 2012, 09:56 PM EDT
FYI to all the insensitive a-holes that posted on this issue. He is a citizen of Northern Ireland, born and raised. He holds a British passport as when needing one for travel as a teen it was a quicker passport to obtain. He never needed an Irish one but could get one if and when desired. He checked with the American Consulate in Belfast while still in Northern Ireland about being able to return to the US due to his current status in his Green Card process. He was advised not to return as he will face a possible lifetime ban. He is trying to do things legally unlike MANY people in the US or ANY other country that are currently (and will remain) illegal without ANY intention of being a citizen or paying taxes. Put yourself in his shoes and think of what you would do? I would hope that you would have enough decency to go see your dying father too! Apparently you have nothing else going for yourself than to post nasty comments about someone and something you have VERY little knowledge on. You must be a REAL looker yourself!!
Curitiba | Mar 31, 2012, 06:51 PM EDT
did more than a year in prison while there. They are forever cancelling the visas of British and other emigrants who are released from prison and sticking them on the first plane back to England. Some came over as children and had never been back to the UK or other countries and had their visas cancelled upon release from prison and were deported back!
Curitiba | Mar 31, 2012, 06:47 PM EDT
rpmschevy; I have never seen an immigration system as tight as the Aussie one. There was no way you could get in or out of the country without them knowing. There were very few overstayers, because you could not get a job with your existing tax number without it flashing up on some immigration officer's computer somewhere. Indeed, one of Australia's most popular TV programmes is Border Security, where they scrutinise people at the airports and launch regular raids on building sites, restaurants and farm looking for overstayers. Indeed, they had a habit of cancelling your visa if you
GeorgeDillon | Mar 31, 2012, 04:06 PM EDT
It is odd that he seems to have contacted the embassy before he showed up at the airport. That suggests he knew he was pulling a fast one. Perhaps he'll use the time now at his disposal to lose some weight--he's grossly fat.
Curitiba | Mar 31, 2012, 12:11 PM EDT
In Australia they chuck you straight in the immigration detention centre if they catch you overstaying your visa.
AAudio | Mar 31, 2012, 10:57 AM EDT
It sounds like he didn't want to go back to the states. He could have tried at the airport. They let him in once before, why not a second time.