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Statement of John Barey

Congressional Field Hearing on the INS

February 25, 2000

Good Morning. My name in John Barey and I came to the United States as a political asylee from Kabul, Afghanistan in 1990 and I became a US Citizen in March 1998.  I was granted asylum in the United States due to horrific persecution, which my family and I faced in Afghanistan.  

For many years, my family was outspoken against the government of Afghanistan.  My brother Bashir, for example, was a member of Harakati-Islami, a political organization that opposes the government of the Taliban.   Four years ago he was "jailed" and never heard from again.  My brother Nasir was a member of the Afghanistan air force.  When he refused to bomb civilians, he was arrested and executed. On five occasions, the police came to my house to try to arrest me, even though I had never committed any crime.  When the police came, my parents protected me by telling them that I was no longer living in Afghanistan. 

My parents fled Afghanistan and relocated to Islamabad, Pakistan through the UN High Commission on Refugees.  In June of 1998, I filed an I-130 petition for my parents to come to the United States so that we could be reunited and so that they would no longer be in danger.  At that time, it was my understanding that I could fill out one form to request a visa for both of my parents, and I was never instructed differently by the INS.  After 9 months of waiting, the application I submitted was approved by the California Service Center, the first step of a three-step process, in March of 1999.  However, only my father's name was on the approval notice, so I then began to investigate how to include my mother in the petition.

While waiting for the I-130 petition to be processed, on November 1, 1999, my father was beaten to death in his home in Islamabad. Three armed men forcefully entered my parents' home and beat my father and mother.  They beat my father so severely that he died in the hospital a week later.   We believe that my father's murder was politically motivated, as he had been receiving threats prior to the attack.

At that time, in great fear for the safety of my mother, I sought the assistance of Congresswoman Barbara Lee.   Through her office I learned that I would have to file a separate I-130 application for my mother.  I did so immediately, and in November 1999 Congresswoman Barbara Lee initiated a request to the California Service Center in Laguna Nigel that my mother' s application be expedited immediately.  The Congresswoman's office has also contacted the US Embassy in Islamabad several times and explored the possibility of granting humanitarian parole to my mother, but the Consul was not receptive to that possibility.  For the past three months, my application for my mother has not moved from the California Service Center, and again, this approval is only the first of three steps.  

The office of Congresswoman Lee has contacted the California Service Center a dozen times and faxed extensive supporting documentation to them.  In addition to the application, I have submitted my approved application for asylum, my certificate of US citizenship, my father's death certificate and the accompanying police report, affidavits of my birth, and other documentation. The last message from INS to Congresswoman Lee's office was that my "A" file was being ordered from another INS office a process that could take, in their words, "a long time".

I cannot convey to you how dire this situation is.  Three members of my family have been killed, and I have every reason to fear that my mother's life is in danger as well.  She has been receiving death threats and is currently in hiding.  My mother is also 70 years old, and the stress and terror of this situation is taking an obvious toll on her mental and physical health. 

I believe that I have presented all of the required information and documentation to INS to the best of my ability.  However, I feel powerless. As I wait and wait for processing, paperwork, phone calls, and faxes, I am terrified that I will receive a phone call that my mother has also been killed.  I don't know what else I can do to demonstrate to INS the danger of my mother's situation and the need to allow her to come to the United States immediately. 

I will not be able to rest until my mother is safe with me in the United States. I would like to thank all of you for giving me time to explain my situation. I am pleased to tell it, on behalf of my mother, and of all other families who are facing similar situations. 

Thank you.

Bay Area Congressional Delegation Studies Chronic Delays at Immigration Agency

Statement of Congresswoman Zoe Lofgren

Statement of Rep. Anna Eshoo

Statement of Jennifer Dineen-Ocon

Statement of Linus Torvalds

Statement of Jim Beall

Statement of Warren Leiden

Statement of Sunil Vatave

Statement of Deborah Kessler

Statement of Sister Marilyn Lacey

Statement of Heidi Wilson

Statement of John Barey

Statement of Jacob and Yetta Bromley

Statement of Debra Jaramillo-Coker

Statement of George Windsor Jones

Statement of Le Kim Ngo


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