“Fernando said, with Sadie interpreting for him”
This criminal has been here for 15 years and can’t speak English. Deport his a**!
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.
He entered the country legally with his parents when he was a child. His parents applied for citizenship for him and he has the paperwork to prove it.
He is a victim of "timing out." That's when a dependent's turns 21 before their case is processed. At that point, he is no longer considered a dependent and USCIS drops his case due to ineligibility.
In other words, even though the family did everything right, the immigration bureaucracy took too long so they cancelled his application. And the government did not notify him!
So he thought he was legal and that's why he never had his wife sponsor him.
This case is a real example of how the current immigration system is broken. With most other visas, the date is based on when you file, not when Immigration gets to your case.
He and his family do have my sympathies for this plight.
Legal immigration takes a very long time. I'm in the middle of the process and I've been here, legally, for over 12 years! I still have 1-2 years to go based on current USCIS processing times. So if I had any kids 9 years of age or older when I came here, they would not be allowed to be in the country because they would have gotten too old because of processing times!