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NewsSaturday, March 1, 2008 9:12 PM CST
Widow trying to stay in U.S. after husband was killed in Iraq
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BLOOMINGTON — Todd Engstrom, who brought his bride, Diana, to the United States from Kosovo, thought they’d have all the time in the world together when they married near Springfield in 2003. | Video

But Todd Engstrom was killed just nine months later when a rocket propelled grenade struck his vehicle in Iraq where he worked as a private security contractor with the U.S. military. 

Since then, his 28-year-old widow, who lives in Bloomington, has not known from one day to the next if she will be deported due to “the widow penalty.”

Her husband died before immigration officials acted on her application for a green card.   In the case of administrative delay, a foreign-born spouse of an American citizen cannot seek permanent U.S. residency unless the marriage lasted at least two years.  The time limit is meant to prevent sham marriages. But, in the case of the death of a spouse, the government automatically terminates the application without allowing the survivor to prove the marriage was bona fide. 

“I try to believe that everything will be fine because it’s a lot better to believe that way,” said Engstrom, who speaks perfect English and works as a sales floor supervisor at a women’s clothing store in the Twin Cities. “I guess you have to be in the state of mind you are either going to be sane or you are going to go crazy. … But if you wake up every morning and think about it, you are not going to have a good day.”

Engstrom would be allowed to stay in the U.S. if her husband had been a member of the U.S. military when he died, said her lawyer, Brent Renison, who is the attorney for more than 100 other widows and widowers who entered the United States legally from 50 countries yet face deportation following the deaths of their American spouses.

Some died in accidents. Some died of natural causes. Renison knows of one other widow of a U.S. security contractor killed in Iraq. About 20 children are involved.

According to Renison, U.S. officials stretched the exception for foreign-born nationals who are married to soldiers killed in Iraq to include the widow of a private security contractor killed during the recent hostilities because he had served in the U.S. military during the first Gulf War.

A recent change in U.S. law also permits spouses of Iraqis killed helping Americans in the war to apply for permanent residency in America, added Renison, an immigration attorney in the Portland, Ore. area, who is working on widow penalty cases for free. But no action has been taken to extend the same privilege to foreign spouses of private security forces killed while working under contract to America, he said.

“If Todd were Iraqi, she could stay,” Renison said. “The bottom line is they are making exceptions left and right, but the problem remains. It is a systematic problem.”

Class-action lawsuit

A hearing on whether a class-action lawsuit on behalf of the foreign-born survivors will be allowed to proceed is scheduled for Monday in federal district court in Los Angeles. Renison is hopeful. Two other district courts have ruled in favor of widows asking to stay.

Immigration officials are appealing one of the federal court rulings, but they haven’t announced their intentions with regards to the other. They oppose the class-action lawsuit. Despite repeated attempts, they could not be reached for comment.

Renison is less optimistic about the chances for legislation on Engstrom’s personal behalf that Illinois’ two Democratic senators, Dick Durbin and presidential contender Barack Obama, have introduced in Congress. So-called limited-purpose bills are usually unsuccessful, Renison said, and congressional attempts to pass broader exceptions for foreign-born widows have been caught up in the national controversy surrounding illegal immigrants.

Meanwhile, Engstrom remains upbeat.

“I do take hope. Honestly I never lost hope to begin with,” she said.

Meeting in Kosovo

Engstrom met her future husband while he served as a commander of a United Nations special forces group in Kosovo in 2002. His job was to supervise peace-keeping forces and protect dignitaries. She worked in the same building as a U.S. interpreter. Growing up, she learned to speak English by comparing the dialogue of American movies to the subtitles written in her native Albanian. She also speaks Serbian.

The couple dated for two years. Todd eventually followed the custom of her country and sent a go-between to ask her journalist father for her hand in marriage.

“He was so worried,” she said, laughing. “I said, ‘Don’t be.’ My parents liked him a lot.”

Todd wanted to marry in America with his family there, so they traveled to Athens near Springfield where the ceremony was performed at his parents’ home on Dec. 29, 2003. The date also is the birthday of his son from his first marriage, Dalton, a high school freshman. He lives with his mother in Tennessee.

The Engstroms had just three weeks together before Todd was scheduled to go to Iraq. The couple took time in the midst of their brief honeymoon to fill out the paperwork to obtain Diana’s green card that would permit her to start the process toward permanent residency. Only one step remained: Immigration officials needed to schedule a time to interview the couple.

Renison noted the time needed to obtain a green card varies from place to place depending on backlog. Some foreign-born spouses receive their cards in as little as three months. Renison knows of others who were told not to contact immigration officials again for more than two years after they applied.

Todd went to Iraq in January 2004. He returned home for a three-week leave the following April.

“We said ‘goodbye’ and he went back. It was the normal, ‘OK, see you later,’” said Diana, who lived with her in-laws while her husband was in Iraq.

“She is an upstanding young girl,” said her father-in-law, Ron. “She is part of the family, and always will be.”

Todd was killed on Sept. 14, 2004. He was dead by the time immigration officials notified Engstrom the interview was set.

Facing deportation

If she’d been granted her green card, the two-year time requirement would have been waived, she could press her case to stay in America and become a U.S. citizen if she wished, Renison said. Without the card, she faces deportation.

She worried she might be arrested and sent to Kosovo when she was summoned to Chicago to meet with immigration officials in early February. Instead, the interviewer told her he was directed only to update her file. He had no idea when or if she would be marked for deportation, she said. Renison added immigration officials have been slow to deport people in the past. But efforts are being made to speed the process.

“It could happen any time,” Renison said.

Meanwhile, Engstrom moved to Bloomington to be near her husband’s aunt, Kim Engstrom, a member of the Military Affinity Group at State Farm Insurance Cos., and to prove she could make it in America on her own. She wanted to attend Illinois State University but decided to wait until her fate was decided. She’s rethinking her plans after waiting three years for her immigration status to be resolved.

Her life has been disrupted in other ways. She missed the funerals of her paternal grandparents in Kosovo. She knows she will not be allowed back into the U.S. if she leaves.

She celebrates Dalton’s birthday with the rest of the family Dec. 29, but it’s hard as she remembers the double significance of the date.

And, she waits.

“I’m just hoping everything goes well. I’m keeping my fingers crossed,” she said. “I understand immigration (officials), they have a lot of illegal people coming in and out. But I do think they should check cases more in-depth and see what the situation is before they send someone home. It was not a marriage of convenience. … (Todd was killed.) There is nothing I could do about that.”




Staying here



2002: Diana Engstrom meets her future husband, Todd, while he served as a commander of a United Nations special forces group in Kosovo.

Dec. 29 2003: The couple marries at his parent’s home in Athens, Ill., near Springfield.

Jan. 2004: Todd Engstrom goes to Iraq as a private security contractor with the U.S. military.

Sept. 14, 2004: Todd is killed when a rocket-propelled grenade hits his vehicle.

2005: Federal legislation is introduced by Illinois Sens. Dick Durbin and Barack Obama on Diana’s behalf. The legislations is pending.

March 3, 2008: Federal court hearing scheduled in Los Angeles on whether a class-action lawsuit filed on behalf of foreign-born widows of Americans will be allowed to proceed.



Take a look
Diana Engstrom talks about her future which is on hold while waiting to find out whether she will be deported to her home country of Kosovo. Her husband, Todd Engstrom, a private security contractor with the U. S. Military, was killed in Iraq just nine months after their marriage December 29, 2003. (The Pantagraph/LORI ANN COOK) (February 27, 2007)
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Reader comments on this story - 16 total

Note: All views and opinions expressed in reader comments are solely those of the individual submitting the comment, and not those of the Pantagraph or its staff.

Moon Mullins wrote on Mar 2, 2008 9:20 PM:

" Mexico is changing from a socialist economy to a capitalist one. Look at what Carlos Slim did to the telephone industry. When it was a government monopopoly it was like the U.S. 80 years ago. In less than 5 years I saw cell phones in the hands of nearly everyone. NAFTA may have moved some factories down there but some corporations are already moving out of Mexico looking for cheaper wages. NAFTA has basically shut down small farms in Mexico. They now import corn from us. Much of our produce though is from Mexico. Visit the real Mexico and you'll see a growing middle class. "

growingup 70's wrote on Mar 2, 2008 7:35 PM:

" stupid, outdated policies. These are the types of immigrants we want in the country......literate, hard working, and those who will contribute to this country. These are the people who made this country what it is. Too bad that there are so many born here who have taken everything for granted and are lazy, uneducated sloths depending on government handouts. "

The Tater wrote on Mar 2, 2008 6:22 PM:

" She's a stunning lady. At the risk of sounding insensitive, it's been over three years, can't she just remarry? "

farmersdaught13 wrote on Mar 2, 2008 5:25 PM:

" This is a sticky situation. How long does it take to get a green card, anyway? With all the other immigrants coming over it bet it takes quite a while for a person to obtain one. It is unfortunate she lost her husband, while she was waiting. I have no problem with her staying here as long as she is here legally. If she likes it here so much, then why does she not apply for citizenship, afterall it has been 5 years? "

Moon Mullins wrote on Mar 2, 2008 3:42 PM:

" Ronald Reagan didn't see it as such an insurmountable problem. He offered illegals amnesty. From what I understand the numbers aren't that much different now. What gives? Chicago is a microcosm of what the country is going through. The only other city with a higher population of Poles is Warsaw, Poland. Many illegals were coming through
Toronto. Many illegals simply overstay their visas. Chicago and New York City have been dealing with this issue for 150 years. Now it is a nationwide problem, if you want to call it that. Illegal or legal they are good for the economy. We need to help them, not shut the door on them and split up their families. "

protohooman wrote on Mar 2, 2008 3:14 PM:

" I hope things go well for her. She should be allowed to stay. "

thunderfan24 wrote on Mar 2, 2008 11:19 AM:

" this is bogus, let her stay. she should be allowed to stay, her husband was helping serve the country and this is how she is going to be treated, makes me proud to be an american. at least she has a job and is making a living. she isn't living off the government. i say leave her alone and let her become a citizen. "

Rev Dan wrote on Mar 2, 2008 10:37 AM:

" Mexico's economy is improving because our jobs are going there. If you stop them from coming here, more corporate capitalists will move more of our jobs there. It's not about people it's about money and you people up in arms are playing right into the their hands.

Pass a fair tax law, let mexicans come here to work with a work visa. We'll get that arena paid for faster. "

Dave wrote on Mar 2, 2008 10:02 AM:

" I'm just sorry she's the victim and hopefully things will work out but if her husband would have stayed out of Iraq this would never have happened. "

Mike wrote on Mar 2, 2008 9:39 AM:

" Hey Moon,
Yes it is necessary to point out the FLOOD of ILLEGAL Mexicans.

Not too many Poles are swimming the Atlantic to get here - you think? Very different than walking across a border that looks like a sieve, and has 10,000 corrupt lawyers more than willing to "fight for their poor plight", and charge the US Government (oh by the way folks when they say that phrase they are actually saying YOU) for the work they do on behalf of the "plighted" what BS.

The real crime here is where in the Hell is Tim Johnson - how about getting this instance done - after all Todd only - married her and then gave all he could give for his country.

Tim get off your DC duff and actually deliver justice, that is well deserved!

"

2 cents wrote on Mar 2, 2008 2:05 AM:

" This is stupid let her stay she started getting her green card the proper way. Not by hopping a fence. "

Moon Mullins wrote on Mar 1, 2008 11:25 PM:

" Is it really necessary to single out Mexicans when talking about illegal immigration? Mexicans aren't the only ethnic group that is here illegally. When living in Chicago many of us knew there were Polish illegals, but most of us didn't care because they got so much respect. Years ago Sen. Ted Kennedy made an impassioned plea for Irish immigrants. He didn't understand why the INS limited their numbers. You know how that story ended? Ireland's economy is booming and there isn't such a need for Irish to move to the U.S.! Mexico's economy is improving too. In the near future there probably won't be a desperate need to cross the border. The INS needs to help Diana become legal. Read the message at the statue of liberty. "

Gallows98 wrote on Mar 1, 2008 9:36 PM:

" This is the problem with the INS. Here is a woman who has done everything she needs to do LEGALLY to stay in the US and they are threatening deportation. Why don't they go after the illegals with the same ferver?? This woman needs to be allowed to remain - no questions asked. I whole-heartedly support the movement to get rid of the illegal aliens but cases like this need to be moved to the top of Immigration's list and they need to look at the details. She's applied for her card, she's got a job, she's paying taxes, she wants to educate herself. This is a good person! I support you Diana - stay positive! "

rk wrote on Mar 1, 2008 8:34 PM:

" I've met Diana a couple times, and have been impressed by her bearing and mature outlook. As she says, she could have fallen apart under these circumstances, but instead has chosen to live with hope. I don't believe I've ever met someone I thought more deserving of staying in the US, and I wish her the best of luck. "

Kevin wrote on Mar 1, 2008 7:57 PM:

" why in the world would or should she even be deported? now it's the illegal Mexicans we have to worrry about. not brides of service men "

AM wrote on Mar 1, 2008 7:35 PM:

" Keep that positive attitude. Things will work out. "

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