Thread: CO: Immigrant finds law, reality

http://www.denverpost.com/ci_5102599?source=rss

Immigrant finds law, reality
By Diane Carman
Denver Post Staff Columnist
Article Last Updated: 01/27/2007 10:18:50 PM MST

Marcella Garcia and her husband, Jesus Garcia Zavala, could be living together now legally with their two children, all in the same house in the same country - if only they'd gamed the system when they had the chance.

Their chance came in 2001.

They missed it.

The Legal Immigration and Family Equity Act was signed into law in December 2000 and gave illegal immigrants until April 30, 2001, to file papers to become legal residents. The catch? They had to be related to a U.S. citizen or permanent legal resident.

"We weren't married yet," said Garcia, a social studies teacher at Prairie Middle School in Aurora and a U.S. citizen.

Zavala had crossed from Mexico in 1999. He came here illegally. Garcia doesn't deny it, so all those poised to call me and scream, "What is it about illegal these people don't understand?" can save us both the aggravation.

They talked about getting married in 2001. If they had, Zavala could have paid a $1,000 fine, filed forms requesting permanent residency and gotten it, no problem.

"Some of his friends did that," Garcia said, "they got married and filed papers before the deadline. Many of those marriages have broken up, but it doesn't matter. They got legal status."

It would have been easy for Zavala, but he refused. It seems silly now, Garcia admitted, "but Jesus always said he wanted me to know that when we got married, it was because we were in love, not because he needed papers."

If only he had been more cynical.

Not long after the deadline passed, Garcia and Zavala did get married - for love - and began the arduous process of getting his permanent resident status.

"At first we went with a lawyer," Garcia said, "but it was pretty expensive, so we decided to get help from some notarios (unlicensed immigrant advisers)."

Big mistake.

Last June, four years into the process, the notarios suggested that the family move to Mexico to await the final residency documents. "They said it would arrive in about a month," Garcia said.

The couple packed up their two toddlers and left for a visit to Zavala's family.

In late June, Garcia called the U.S. consulate in Juarez to make sure everything was in order. She asked if the office had sent the letters confirming Zavala's residency. "He started chuckling," she said. "He said, 'Those don't get processed for nine to 12 months.'

"I almost had a heart attack."

In August, Garcia returned to Colorado to finish her master's in education and resume teaching. Her husband and children remained in Mexico.

The family has tried everything to expedite the process. Her father, a veteran and lifelong Republican, has sought help from Colorado's congressional delegation. "Unfortunately, we live in Tom Tancredo's district," Garcia said.

Requests for waivers have been filed, as well as a plea for a humanitarian parole that would allow Zavala to live here for one year while waiting for the application to be processed. But given the get-tough attitude toward illegal immigrants across the country, Garcia is not optimistic. "I don't think it's going to work out," she said. She's considering moving to Canada.

In the meantime, 4-year-old Lillian and 2-year-old Donovan are shuttling between Colorado and Mexico. When they're here, they miss their father and spend their days in child care while Garcia works. In Mexico, they cry for their mother and suffer frequent bouts of gastrointestinal distress from the different bacteria.

Garcia is exhausted by it all.

Political leaders, immigration agents and armchair critics tell her Zavala shouldn't have come here illegally, she shouldn't have married him, they shouldn't have fallen in love and, they really, really shouldn't have missed the deadline for getting residency in 2001.

All true, but it doesn't matter. It doesn't change the reality.

The reality is "our immigration system is a mess," Garcia said. The reality is because of it her family has been torn apart.

Diane Carman's column appears Sunday, Tuesday and Thursday. She can be reached at 303-954-1489 or dcarman@denverpost.com.

The reality is "our immigration system is a mess," Garcia said.

This woman is working on a masters deg. She's playing dumb.

Oh please! It's the illegal aliens and stupid people that get intangled with tme and have anchor babies that are the mess. Lady, your an idiot! Don't blame that on Tancredo. You did this to your children. Stop crying and go to Mexico and live with your family. Foolish thing this woman did. Just foolish.

Dixie

Dixie wrote:

Lady, your an idiot! Don't blame that on Tancredo. You did this to your children. Stop crying and go to Mexico and live with your family.

I think it is wonderful that she lives in Tom's district!!! Whatta guy!!!!

Her father, a veteran and lifelong Republican, has sought help from Colorado's congressional delegation. "Unfortunately, we live in Tom Tancredo's district," Garcia said.

And this VETERAN didn't mind his daughter marrying an ILLEGAL?
Are you freaking kidding?

Requests for waivers have been filed, as well as a plea for a humanitarian parole that would allow Zavala to live here for one year while waiting for the application to be processed. But given the get-tough attitude toward illegal immigrants across the country, Garcia is not optimistic. "I don't think it's going to work out," she said. She's considering moving to Canada.

Ba Bye!!