Bureaucracy separates family
By Avi Rutschman avi@theacorn.com

The Bagga family

Kanwar Bagga, a 15-year resident of Thousand Oaks and owner of a Chevron station in Ventura, has a simple request for the United States government: allow his wife and daughter to return home.

Bagga, 37, married his wife, Mamta, 35, in January 2004. With his son Spencer, 10, and her daughter Sasha, 12, the four were living the American dream.

But shortly after the wedding, the family was torn apart.

For nearly two years, Bagga has been separated from his wife and his stepdaughter by thousands of miles and rolls of bureaucratic red tape.

His wife and stepdaughter are stranded in Bombay, India waiting for a visa from the U.S. consulate.

"She has a husband here (in the United States), a stepchild and a home," Bagga said. "I just want her to be able to come back."

The Baggas' ordeal began in October 2004, when Mamta's mother became ill. Not wanting her mother to be without her daughter and granddaughter in a time of need, Mamta and Sasha returned to India to help.

Though Bagga's mother-inlaw recovered from her illness, Mamta and Sasha tripped over a bureaucratic hurdle. Both had overstayed their visitor's visas while in the U.S., rendering them ineligible to reenter the country for three years.

"We didn't realize that they would need to take permission to leave the country, but looking at the circumstances of the time, it was important for my wife and daughter to be with my mother-in-law," Bagga said. "It seems as if my wife is paying repercussions for her mother getting sick."

Bagga, a U.S. citizen, was floored when he heard that his wife may be unable to return until the end of 2008. Prior to their departure, Mamta and her daughter had started the process to become U.S. citizens.

"Even though she had overstayed her visitor's visa, there wouldn't be a problem in adjusting her status to a legal resident if she hadn't left the country, because she is married to a U.S. citizen," Bagga said.

Bagga's wife has been forced to file an I-601 appeal, a waiver intended for people who were denied a visa because they committed a crime while in the U.S. or because they were ordered to leave the country by the Department of Homeland Security.

The waiver, although it might help, does not reflect reality, Bagga said.

"My wife was a model citizen while she was here," Bagga said. "She helped out at our children's school and was a volunteer at almost every event the school held."

Although Bagga's stepdaughter has a received a visa from the consulate, things aren't looking good for his wife.

"After researching I-601 waivers on the Internet, I found out that they usually don't get approved," Bagga said. "It usually boils down to what side of the bed the officer woke up on."

Mamta and Sasha originally lived in India, and even though it may not be a strange land, it's not without peril.

His wife, who lives alone with Sasha, has already faced muggers, floods and other threats, according to Bagga.

The prospect of not seeing his wife for at least another 18 months has forced Bagga to cope with mounting stress. He's attending therapy sessions to deal with his depression.

"It's been hard dealing with day-to-day life," Bagga said. "I'm solely responsible for taking care of my son, our house and a very demanding business."

He's also facing a mountain of legal fees, which he describes as astronomical.

Despite managing to talk to his wife every day on the phone, Bagga fears that distance and isolation may cause irreparable harm to their relationship.

"I always believed that this country was based on a love for family, which makes me wonder," Bagga said.

"What is going on here?"