By Pauline Reynolds

19 June 2005

A GRIEVING husband is unable to bury his wife's ashes, as he faces deportation from America and cannot bear to be parted from her.

Ex-republican prisoner Malachy McAllister says he long ago turned his back on violence, but changes in the US law following 9/11 mean he is now blacklisted in his adopted country.

Tomorrow will be a bitter sweet experience, when the Belfast-born dad-of-four looks on proudly, while his 18-year-old daughter graduates.

Malachy, who runs a construction business in New Jersey, knows Nicola may never achieve her dream of attending college in the States.

The former INLA man has been fighting an ongoing battle with the US authorities, who are trying to deport him and his two youngest children.

Nicola and her brother, Sean Ryan (17) are both well settled in America.

Early in July, after yet another judicial hearing, the family will be told if it's time to go.

US immigration are barring an application for refugee status, because Malachy has a criminal record.

In 1982 he was imprisoned, for three years, for attempted murder.

Six years later, a Red Hand Commando gang pumped 36 bullets into his south Belfast home, miraculously missing his mother-in-law and three children by inches.

Malachy (47) and his late wife Bernadette - who died from cancer last August - fled to America, hoping to find sanctuary.

Speaking last night from his home, he told how he had moved on from the dark days in Belfast.

"Many years ago I turned my back on violence and I'm now very much a proponent of the Agreement," he said.

"There have been a number of legal changes in the States after 9/11.

"People with my background are deemed 'terrorists' - in my case that couldn't be further from the truth.

"In all sincerity, I can say I forgive the gunmen who tried to assassinate me and my family.

"Why can't the US government not forgive my actions for which I have served my time?"

America has been home for the Malachy has built up his own construction business, employing up to 30 people and his two older children are married to US citizens.

Last August, on her 46th birthday, his devoted wife and partner of 32 years, died of cancer.

"Every moment of the day she is with me; I still have her ashes," he said.

"I want to give her a proper burial and place of rest, where we can all pay our respects.

"As long as the threats of deportation are hanging over us, that can't happen. "The bottom line is my family and I are not terrorists.

"We have made a good life in America, to take it away would destroy us."