Speech #990132547

Paula entered the country as a nonimmigrant student. Paula has not left the United States since 1976. When Paula completed her studies. the Dills applied for a second preference visa on her behalf. This visa is available for the unmarried son or daughter of a lawful permanent resident. The visa could not be granted because Paula was not the lawful daughter of the Dills. Paula at that time was over the age of 16. and therefore any attempt to formally adopt her by the Dills would have been ineffective under the immigration laws. All of Paulas relatives are in the United States. except for her natural mother. whom she has never known. The Dills are not able to commute regularly to Bermuda. and Paulaif she is deportedmay never be able to return to the United States. In Dill v. Immigration and Naturalization Service. 773 F.2d 25 (3d Cir. 1985). the U.S. Court of Appeals for the Third Circuit rejected the determination by the Immigration and Naturalization Service that Ms. Dills legal actions to delay deportation had been frivolous. While the court upheld the Services determination that deportation would not cause undue hardshipthe relevant issue at the administrative levelit emphasized that it had to give great deferrence to the Services Judgment and that it might have reached a completely different conclusion on its own. The court stated: Had we plenary authority to review the Boards decision. we might press the question whether the Board has not put more weight than is appropriate on petitioners relatives in Bermuda as a cushion for the hardship she will suffer. given that the only Bermuda relatives identified in the record are petitioners natural parents with whom it does not appear that she has any continuing connection. Dill at 31. Paula now faces deportation from the United States because of mere happenstance: The unfortunate failure of her adopted parents to obtain a legal adoption. Paula has been an upstanding member of the community with high moral character. Paula has nothing in Bermuda to which to returnher only real familythe people whom she calls her parents and who. for all intents and purposes. are her parentsis in the United States.