Families separated while waiting for visas

January 17, 2007
By Ryan Pagelow
Originally from Mexico, Elias Cisneros of Mundelein has helped pave the way for his children to immigrate to the United States as a legal permanent resident and later a U.S. citizen. Currently nine of his children live in the U.S.

As a legal permanent resident in 1991 he petitioned to get a green card for his daughter Guadalupe to come to the United States. To this day Guadalupe is still waiting in Acapulco. Now married, she cannot get residency through the petition from her father. Green card holders can only petition a green card for spouses and children under 21 or unmarried children over 21.

"She's tired of waiting," said Guadalupe's sister, Maria Cisneros of Mundelein, who has lived in the United States for 20 years and became a U.S. citizen last February.

The last time she saw her sister was 10 years ago when she traveled to Mexico. She missed Guadalupe's wedding in Acapulco 12 years ago. But because money is scarce from her job working the night shift at a factory, she hasn't been able to visit her since then. Now that their mother has Alzheimers and is living with Maria in Mundelein, she said it's more important for her sister to come.

"We all live in United States. We want her to live with us," Maria said.

The process of applying for legal permanent residency in the United States can be long and difficult. There is a cap on the number of visas allowed for each country. Countries with the largest amount of immigrants entering the country, such as Mexico, have the longest time to wait.

There are three main ways someone is eligible for legal permanent residency: an immediate family member is a legal resident, an employer requests a work visa for them because they have a particular skill or they are granted a visa through the visa lottery which gives visas to a small percentage of applicants. Natives from more than a dozen countries like Mexico that send more than 50,000 immigrants to the United States each year, are not eligible for the diversity visa lottery.

Most maneuver through the visa system based on their family relationship with a U.S. citizen. Spouses, parents and unmarried children of U.S. citizens go to the head of the line. They enter the country in an average of six months after applying for a visa.

Marvelia Hernandez lives in Waukegan and met her husband in Chicago while he was visiting from Peru on a tourist visa. As a U.S. citizen she applied for a legal permanent residency for her husband, but he had to return to Peru in June to wait there until American consulate in Peru grants him a visa, probably in March.

"It's very hard for him to be far from here," Hernandez said.

The wait is much longer for adult children or brothers and sisters. For example, a citizen trying to help an unmarried child over 21 from Mexico to come to the United States, will have to wait 14 years.

"We see a lot of people remain unmarried with families because they want to stay in this category," said Andrew Sagartz, an immigration attorney based in Libertyville. He went through the visa process with his wife from Japan more than 15 years ago.

Marrying a U.S. citizen doesn't necessarily mean you're on the short list for getting a green card. People who have lived in the United States illegally for more than a year and marry a U.S. citizen are barred from entering the United States for 10 years, but may get a waiver.

"You have to show extreme hardship to a U.S. citizen spouse or parent. Children are not included," Sagartz said.

It they don't receive the waiver, the only cure is to wait outside the country for 10 years before reentering.

"That's a nasty, nasty thing because it breaks up families," Sagartz said.



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