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Army veteran with ailing son can stay on LI

Single dad gets green card after long immigration battle over time spent out of U.S. to care for his son

BY BART JONES | Newsday Staff Writer

June 13, 2006

Single dad David de Jong won the right to stay in the U.S. permanently but now must secure the same right for his sons, Lukas, 5, Markus, 6, and Sean, 5. (Newsday / Audrey C. Tiernan / June 12, 2006)

A U.S. Army veteran from Farmingdale has won a long-sought green card, avoiding deportation for a minor immigration law infraction he committed unknowingly to stay with his son having critical heart surgery in Germany, officials said.

David de Jong, 30, obtained legal permanent resident status after Rep. Tim Bishop (D-Southampton) and other officials intervened, saying it was an outrage a veteran would be deported for a minor infraction of immigration law and that they were inundated with petitions from residents protesting his possible removal.

"This is the right outcome, in my view, to a case that never should have been pursued," Bishop said at a Mineola news conference. "It is a case that has highlighted just how fundamentally flawed our immigration system is and just how important it is that we reform the system."

De Jong, who was born in Canada, said he was relieved. "If you show a little patriotism for this country it will get back to you," he said. "It did for me."

De Jong served in the U.S. Army from 1993 to 1998, including a stint repairing radios on helicopters in Germany. He later spent two years at Fort Bragg maintaining electrical systems on helicopters before his discharge as a specialist. He is a divorced father working two jobs caring for his sons - Markus, 6, and twins Sean and Lukas, 5.

He ran into trouble in September when he went to Canada to try to obtain passports to speed a green card application for his sons. When he tried to return he was stopped at the border by U.S. immigration agents. They said he had violated immigration laws requiring green card holders to seek a waiver if they are outside the United States for more than a year.

After his honorable discharge from the military in 1998, de Jong spent two years in Germany as a civilian while Markus underwent heart surgery. He said he was unaware of the immigration law requiring a waiver for extended absences from the country. He had remained in Germany, the home of his former wife, because of the country's socialized medicine. His health insurance would have covered little in the United States, he said.

Before he was allowed to re-enter the United States from Canada last September he had to sign papers recognizing he had abandoned his green card status, said his attorney, Donald H. Birnbaum of Mineola. That led to the deportation proceedings. Immigration authorities dropped the case after de Jong and his attorney went to court to plead his case and Bishop contacted the immigration service.

Despite yesterday's good news, the family's troubles are not over. Markus needs more surgery, and is scheduled to undergo an operation at Stony Brook University Hospital on Monday to either repair or replace a heart valve. De Jong, however, has no current health insurance to pay for it and Markus and his brothers still lack legal status in the United States.

Officials including Suffolk Legis. Jack Eddington (D-Patchogue) said they are scrambling to come up with funding from Suffolk County and private sources to pay for the operation.

The fight to stay here

1993: De Jong, who was born in Canada, joins the Army after graduating from Sachem High School.

1999-2001: After honorable discharge he remains in Germany for his son's heart surgery and recovery.

September 2005: De Jong is stopped at the U.S. border after a trip to Canada. Agents say he has lost his green card status because he was out of the country too long. He is allowed back in, but deportation proceedings begin.

Dec. 6, 2005: Rep. Tim Bishop, who intervened in the case in November, helps win a "temporary green card" for de Jong, heading off the immediate threat of deportation.

Yesterday: Bishop and other officials announce that immigration authorities have granted de Jong a permanent green card.