bobdina
06-28-2010, 11:11 AM
Vet, facing deportation, says Army let him down
By Gerald Ensley - Tallahassee (Fla.) Democrat
Posted : Sunday Jun 27, 2010 8:24:01 EDT
TALLAHASSEE, Fla. — Axel Runtschke is blond and blue-eyed. He hunts and fishes. He listens to country music and watches NASCAR. He spent three years in the Army, is married and has three kids.
He’s a regular American guy. Except that he’s an illegal immigrant.
And though he has been in the United States for 20 years after moving here from his native Germany as a child, he has been unable to gain legal residency status — even though he said the Army promised him they would take care of it when he enlisted in 1997.
So he is unable to get a job, is running out of money and his home is being foreclosed. The stress is overwhelming.
“I don’t sleep, it’s a constant headache. I’m at my wit’s end,” said Runtschke, 32. “I made a commitment to this country and I fulfilled it honorably. I just want them to recognize this.”
Tallahassee lawyers Neil Rambana and Elizabeth Ricci, who specialize in immigration law, are working to gain Runtschke a green card as a permanent resident, if not full-fledged citizenship.
The lawyers, who are working the case for free, have filed two petitions with Bureau of Citizenship and Immigration Services. They have asked for relief from the Army Review Board. They have sought help from Florida’s U.S. senators. They have started a fund to collect money for Runtschke’s family.
“I think we’re going to prevail. We just need someone who has the authority in these agencies to make it right,” Rambana said. “We need someone to realize the wait has been unconscionable for this young man.”
Runtschke came to the U.S. with his German mother when he was 12. He graduated from Dixie Hollins High School in St. Petersburg, Fla., where he was a cadet major in Junior ROTC. He lost his German accent early and no one ever knew he was not American “unless I told them.”
When he was 16, his mother married an American and Runtschke gained “conditional residency” status. Conditional residency is good for two years, and immigrants have 90 days on either side of their two-year anniversary to apply for permanent status.
After high school, Runtschke enlisted in the Army before that two-year anniversary. He spent three years on active duty and five years in the reserves. After leaving active duty in 2000, he moved to Tallahassee and worked in construction.
When he enlisted, he asked the recruiter about his immigration status — and he said the recruiter told him the Army would obtain his green card, certifying permanent residency status.
It never did — as Runtschke discovered in 2006 when he lost his wallet. When he replaced his Social Security card, he discovered he had never received permanent resident status and was no longer eligible to work in the U.S. He has survived since on odd jobs that pay in cash.
In 2009, his lawyers filed an application for permanent residency, which was denied because he had not filed in a “timely manner,” meaning in 1998 when his conditional residency expired.
His lawyers applied again, citing the fact he was on “armed conflict” status as a reserve (though he wasn’t sent to war), a condition that fast-tracks applications for citizenship. But his application was denied because he was not on active duty while on “armed conflict” status.
In February, his lawyers filed for him be naturalized as a citizen because he had lived in the U.S. the required five years. He went to Jacksonville, Fla., “aced” the citizenship test and was told he would be sworn in that day because of his military service — until the examiner realized Runtschke had never received permanent resident status and denied his application for citizenship.
“I was trembling with excitement,” Runtschke said. “Then he said, ‘We have a problem.’ ”
Runtschke and his lawyers say his problem stems from the Army’s failure to follow through on the recruiter’s promise. Immigration and Army officials wouldn’t speak specifically about Runtschke’s case. They say applying for residency is not the Army’s responsibility.
“The person seeking the benefit has to apply,” Immigration Services spokeswoman Sharon Scheidhauer said. “[The Army] can help him; they can remind him. But he still bore responsibility [for filing].”
Army officials say no recruiter would promise a recruit a green card. They say recruiters explain the process for filing for permanent residency and how the Army can help with the paperwork. But they say it’s up to the recruit to initiate the application.
“I’m not saying the Army has no responsibility to a solider in applying for citizenship,” said Douglas Smith, public affairs officer at Army Recruiting Command. “But it wouldn’t be appropriate for us to tell a recruit [citizenship] will automatically be taken care of. It’s the individual’s responsibility to pursue it.”
Runtschke insists the recruiter did make such a promise — and his lawyers say the Army should make good on that promise.
“When he enlisted, he was 17 and was told it would be taken care of. When you’re 17, you take it at face value and move on,” said Ricci, one of his lawyers. “It may be the recruiter shouldn’t have said that. But he did, and Axel relied on it.”
Runtschke and his wife, Daniella, 24, were married in May after four years together. They live in a mobile home in rural Jefferson County with his son and daughter, 13 and 10, from a previous marriage and the couple’s 2-year-old son.
Daniella, who is taking college courses online, works for the Florida Department of Health but doesn’t make enough to support the family. The couple is three months behind on their mortgage and facing foreclosure.
Runtschke could apply for residency based on his marriage. But that would require a three-year wait before applying for citizenship and would cost several thousand dollars he doesn’t have. He also doesn’t want to make his wife a “stereotype” of someone married for her citizenship.
Runtschke, who would like to become a police officer, believes his military service should be all the qualification he needs for citizenship.
“I’m American. I breathe American, I feel American,” he said. “I want to say I served my country, not your country.”
By Gerald Ensley - Tallahassee (Fla.) Democrat
Posted : Sunday Jun 27, 2010 8:24:01 EDT
TALLAHASSEE, Fla. — Axel Runtschke is blond and blue-eyed. He hunts and fishes. He listens to country music and watches NASCAR. He spent three years in the Army, is married and has three kids.
He’s a regular American guy. Except that he’s an illegal immigrant.
And though he has been in the United States for 20 years after moving here from his native Germany as a child, he has been unable to gain legal residency status — even though he said the Army promised him they would take care of it when he enlisted in 1997.
So he is unable to get a job, is running out of money and his home is being foreclosed. The stress is overwhelming.
“I don’t sleep, it’s a constant headache. I’m at my wit’s end,” said Runtschke, 32. “I made a commitment to this country and I fulfilled it honorably. I just want them to recognize this.”
Tallahassee lawyers Neil Rambana and Elizabeth Ricci, who specialize in immigration law, are working to gain Runtschke a green card as a permanent resident, if not full-fledged citizenship.
The lawyers, who are working the case for free, have filed two petitions with Bureau of Citizenship and Immigration Services. They have asked for relief from the Army Review Board. They have sought help from Florida’s U.S. senators. They have started a fund to collect money for Runtschke’s family.
“I think we’re going to prevail. We just need someone who has the authority in these agencies to make it right,” Rambana said. “We need someone to realize the wait has been unconscionable for this young man.”
Runtschke came to the U.S. with his German mother when he was 12. He graduated from Dixie Hollins High School in St. Petersburg, Fla., where he was a cadet major in Junior ROTC. He lost his German accent early and no one ever knew he was not American “unless I told them.”
When he was 16, his mother married an American and Runtschke gained “conditional residency” status. Conditional residency is good for two years, and immigrants have 90 days on either side of their two-year anniversary to apply for permanent status.
After high school, Runtschke enlisted in the Army before that two-year anniversary. He spent three years on active duty and five years in the reserves. After leaving active duty in 2000, he moved to Tallahassee and worked in construction.
When he enlisted, he asked the recruiter about his immigration status — and he said the recruiter told him the Army would obtain his green card, certifying permanent residency status.
It never did — as Runtschke discovered in 2006 when he lost his wallet. When he replaced his Social Security card, he discovered he had never received permanent resident status and was no longer eligible to work in the U.S. He has survived since on odd jobs that pay in cash.
In 2009, his lawyers filed an application for permanent residency, which was denied because he had not filed in a “timely manner,” meaning in 1998 when his conditional residency expired.
His lawyers applied again, citing the fact he was on “armed conflict” status as a reserve (though he wasn’t sent to war), a condition that fast-tracks applications for citizenship. But his application was denied because he was not on active duty while on “armed conflict” status.
In February, his lawyers filed for him be naturalized as a citizen because he had lived in the U.S. the required five years. He went to Jacksonville, Fla., “aced” the citizenship test and was told he would be sworn in that day because of his military service — until the examiner realized Runtschke had never received permanent resident status and denied his application for citizenship.
“I was trembling with excitement,” Runtschke said. “Then he said, ‘We have a problem.’ ”
Runtschke and his lawyers say his problem stems from the Army’s failure to follow through on the recruiter’s promise. Immigration and Army officials wouldn’t speak specifically about Runtschke’s case. They say applying for residency is not the Army’s responsibility.
“The person seeking the benefit has to apply,” Immigration Services spokeswoman Sharon Scheidhauer said. “[The Army] can help him; they can remind him. But he still bore responsibility [for filing].”
Army officials say no recruiter would promise a recruit a green card. They say recruiters explain the process for filing for permanent residency and how the Army can help with the paperwork. But they say it’s up to the recruit to initiate the application.
“I’m not saying the Army has no responsibility to a solider in applying for citizenship,” said Douglas Smith, public affairs officer at Army Recruiting Command. “But it wouldn’t be appropriate for us to tell a recruit [citizenship] will automatically be taken care of. It’s the individual’s responsibility to pursue it.”
Runtschke insists the recruiter did make such a promise — and his lawyers say the Army should make good on that promise.
“When he enlisted, he was 17 and was told it would be taken care of. When you’re 17, you take it at face value and move on,” said Ricci, one of his lawyers. “It may be the recruiter shouldn’t have said that. But he did, and Axel relied on it.”
Runtschke and his wife, Daniella, 24, were married in May after four years together. They live in a mobile home in rural Jefferson County with his son and daughter, 13 and 10, from a previous marriage and the couple’s 2-year-old son.
Daniella, who is taking college courses online, works for the Florida Department of Health but doesn’t make enough to support the family. The couple is three months behind on their mortgage and facing foreclosure.
Runtschke could apply for residency based on his marriage. But that would require a three-year wait before applying for citizenship and would cost several thousand dollars he doesn’t have. He also doesn’t want to make his wife a “stereotype” of someone married for her citizenship.
Runtschke, who would like to become a police officer, believes his military service should be all the qualification he needs for citizenship.
“I’m American. I breathe American, I feel American,” he said. “I want to say I served my country, not your country.”