Posted on 05/22/2007 11:25:20 AM PDT by Behind Liberal Lines
PENN YAN NY- A routine traffic stop last December changed the lives of Sadie and Fernando Garcia forever.
Fernando is a Mexican national who has lived in the U.S. for about 15 years, and he was on his way to Christmas shop at Eastview Mall in Victor when a trooper pulled him over for a burned-out taillight. Fernando wound up sitting in a Batavia holding cell because his immigration papers weren't in order. Bail was set at $10,000.
Now, he's looking at possible deportation - and leaving American-born Sadie alone to raise four young children.
“It's just ridiculous. It seems petty,” she said. “We're just trying to work hard and do the right thing and this is what happens.”
Their lawyer, Allen Farabee of Buffalo, is arguing in immigration court that Garcia should be allowed to leave voluntarily, which could cut the time he's gone from 10 years or more to a minimum of 18 months. With voluntary removal, Sadie could apply for a visa for him; but if he's deported, that process can't even begin for a decade.
A court decision is due May 30.
Regardless of the outcome, Fernando will have somewhere between 30 and 120 days to leave the country.
“I'm very worried,” Fernando said, with Sadie interpreting for him. “I keep thinking about what's going to happen to my family."
BROKEN SYSTEM
The Garcias' situation is emblematic of what many consider a broken immigration system, one that may be on the verge of reform as the Senate mulls over the White House-backed plan to allow undocumented workers to stay here while applying for a visa. But, it is facing stiff resistance from hard-liners in both parties.
“What people need to understand is that the children of these migrant workers may well be American. This creates a moral dilemma because the children won't be deported, but their parents may well be,” said Mark James, director the Finger Lakes office of the New York State Farm Bureau, which has lobbied for more permissive immigration laws because of the impact the current situation is having on area crops.
Farm owners are caught in a bind, with the government granting fewer temporary visas for migrant workers, James said.
The Garcias, both 28, got married three years ago and live in a small duplex in Penn Yan with Sadie's three children, Tyler, 12, Bailey, 8, and Elijah, 5. They also have a child together, Anna, 2. Both work - Sadie as a customer service representative at American Home Patient; and Fernando, leading a field crew at Hemdale Farms in Seneca Castle.
Fernando had been stopped for speeding several times before without incident, but this time the trooper gave him a hard time, he said.
When the trooper asked for identification, Fernando tried to explain to his passenger what was happening. That fact that he did so in Spanish aroused suspicion.
The trooper called in Border Patrol agents, who took Fernando first to Batavia in Genesee County and then to Ontario County Jail. Sadie managed to come up with the bail, borrowing from family, friends and Hemdale Farms; then, she said, law enforcement personnel made racist remarks when she went to get him. She filed grievances with the State Police but hasn't heard anything about it.
Fernando maintains that he came here legally and thought he'd done everything required. His parents, who live in rural Pennsylvania, started the citizenship process for their six children soon after coming to the U.S. in the mid-1990s. Garcia lived with his family in Pennsylvania for a few years before moving to New York. He has a legal New York state driver's license and documents that state that his status was approved for review so he thought the citizenship process was still under way.
His parents recently became citizens after seven years in the system, but the paperwork they started for their children was nullified as each turned 21, Sadie said.
But no one ever told him that, he said.
ON THE JOB
All of Fernando's paperwork, including resident alien and Social Security cards, were in order when he applied at Hemdale Farms, said manager Joe Clement.
He's still working there, 60 to 70 hours a week, and Clement said he's known for his pleasant demeanor, tireless work ethic and leadership skills.
“I really enjoy having him here, and I'll be sorry to lose him,” he said.
The farm considers Fernando and Sadie part of the family, he noted. The business chipped in some money to get him out of jail, and Clement and his family attended Anna's baptism.
The couple's lawyer, Farabee, said that citizen benefits for immigrants' children are among “the most complicated aspects of law” and differ in every case.
“Generally speaking, though, a child of a citizen or legal resident can age out of certain privileges and have to go out on their own,” he said.
If Fernando had pursued citizenship as a result of marrying an American, he still would have had to wait five years to get a green card; and they would face numerous interviews to determine whether they married for love or citizenship.
Noting that the Garcias' situation is fairly common, Farabee said he's working on about eight or 10 similar cases.
Norma Silva, who works at the Ontario County Agribusiness Child Development school, said her husband of two years, Ciro, returned to Mexico in February 2006 when authorities discovered that he'd come here illegally.
“I think that we need to be humane,” she said. “It's 2007 and we shouldn't treat people like this. It's sad.”
Even in the best-case scenario, the Garcias would have to jump through numerous hoops to get Fernando back in the country, Sadie said.
He'd have to return to the village where he grew, with no family and few job prospects. Then Sadie would have apply for a visa for him, specific to those whose spouses are U.S. citizens or permanent residents, paying a $190 processing fee and finding a sponsor who'd have to pay a $300 fee. She would also have to travel to the American consulate in Mexico for visa interviews.
Getting that application approved could take up to a year and a half; then they'd have to pursue legal residency.
“All this while I'm a single mother with four kids,” she said.
As the court date draws nearer, Sadie is planning for life without Fernando. She's looking for a smaller apartment and wants to get a passport for each of the kids so they can visit him in Mexico. They'll cost more than $100 each, so she expects to apply for one a month.
The experience has left her frustrated and angry at the system, which she said they've tried to live within.
“We understand that people can't be allowed to break the law to come into this country, but something has to be done to help the people who want to work, work,” she said. “We don't want to be rich, we don't want to live off of the system. We just want to be happy with our kids.”
Expect to see more anecdotal evidence of the "poor" hard working illegals as the MSM begins its press to bring in millions of new democrat voters
This is not the typical case, this man is married to an American born citizen....why is he being deported?
Too bad, enforce the existing laws to its fullest extent, deport and let them petition from their countries of origin. We have suffered from 20 years of abuse...no mas!
No more lawbreakers needed!
Typical of the philosophy that would displace personal responsibilty with the state.
His parents recently became citizens after seven years in the system, but the paperwork they started for their children was nullified as each turned 21, Sadie said.
If this is true, or even close to it, then I'm on his side.
ping
“Fernando said, with Sadie interpreting for him”
This criminal has been here for 15 years and can’t speak English. Deport his a**!
Fernando had been stopped for speeding several times before without incident, but this time the trooper gave him a hard time, he said.
15 years here and he STILL doesn't speak English. Also note, he REGULARLY breaks the speeding laws (much like the immigration law) and then whines how we are "bad" for it.
I’m desperatly trying to sqeeze out a tear.
Nope, no luck!
It is no problem with the children, because they can go back to México with the parents. There is planty of work in México.
What never gets mentioned in all these complaining articles is that we Americans are not allowed to just go and settle in México. They will not even let US citizens own land in most areas. They will lock you up, or throw you out for the slightest infringement of their laws. If Americans were allowed free access to México, including property rights, we would strainghten out that country so that their workers would not even want to come here. There is a lot to do in México, if it were not so corrupt.
Try letting your visa expire in another country and see how long they let you stay.
You should have seen the one in the Tennessean last week: 14 year old illegal took a gun the school. When the police went to the trailer park that he and his mother lived in they ended up picking up several illegals. There was no way to make enough cheese to go with the whining
I went through this process. It is not that hard. We had two interviews.
Fernando and his wife chose not to even apply, thus breaking the law.
He has been here several years and she has to translate and interpret for him? This is another MSM sob story.
Bzzzzt. Wrong answer.
You did the wrong thing the day you "gate-crashed" at the US border. You just got away with it for 15 years.
Fernando-who is NOT an American citizen is going to be deported,,,,bo hoo,,.“All this while I’m a single mother with four kids,” she said..Nothing that I am seeing tells me that she can’t take her little rug rats and take them to Mexico with daddy(except most all are not mexicans) I wonder where the Daddy of the first 3 is ?? Maybe he could take them off of her hands so she can follow her sugar daddy to Mexico.He is so hard working and monolingual and she is bilingual so they should be able to do well in the Great Country of Mexico.
Garcia is 28. His parent brought him into the country in “the mid 90’s”. So let’s say 12 years ago. That means he was around 16 when he came into the country. 5 years to go from an “off the radar screen” illegal, to a naturalized citizen isn’t a whole lot of time.
It also appears that Mr. Garcia doesn’t speak English well enough to converse with the reporter sans interpreter. We only have their word that they were attempting to “get legal”. I rather doubt it.
Marrying an American citizen may make one eligible for a green card...but you still need to file the application with INS (now BCIS), submit to a medical exam (so we know that you're not bringing in communicable diseases) and your spouse needs to sponsor you (essentially guarantee economic support for the immigrant for a 10 year period so that he won't become a public charge...sounds like its possible the wife may not make enough to sponsor the husband? (there are income requirements)).
I like to think that if immersed in it, I could learn another language in somewhat under 15 freakin’ YEARS.
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