West Valley Family Caught In Immigration Nightmare
by: Fields Mosely
Saturday, Aug 15, 2009 @09:38am CST

Happily married, a little girl to show for it, the only thing standing in the way of a West Valley City couple was that he was in this country illegally. But when he tried to fix it, he ended up stuck in Mexico.

Amy Garibay said, she and her husband went the Alcala Law Firm little more than a year ago trying to make that happen. She said, they paid a lot of money, filled out a lot paper work, but when her husband flew back to Mexico for an interview, they said, make yourself comfortable for ten years.

The Garibay's daughter is almost four years old and she loves to practice soccer in the back yard. She only wishes her father was here to see it.

"She misses her daddy so much," said Garibay, trying to hold back tears while sitting at her mother's kitchen table.

She misses her husband.

Victor Garibay left for Mexico last October 2nd after receiving a letter from the Department of Homeland Security. He thought he was going to become a legal resident only to be told at the consulate, he couldn't return to Utah.

"They wouldn't look at his paperwork, nothing, just did a ten year ban and said there's nothing we can do," said Garibay.

Victor Garibay's story is all too common. He came to this country as an eight year old boy, not knowing what being illegal meant. Then after marrying Amy, the two decided he should gain legal status and that led them to Alcala Law Firm in Salt Lake City.

Amy said she spoke to James Hector Alcala who is now under federal indictment for visa fraud.

"He said, 'We can definitely help you from your situation.' So we hired him and paid almost $3000 up front," Garibay told of the meeting.

Amy said, when Victor became stuck in Mexico, the only advice she received from the law firm was to have him come back illegally, and try another strategy. She refused to potentially get her husband in more trouble. Instead, Senator Orin Hatch's office is trying to help them navigate the system.

And Mia tries to imagine her father on the other end of a phone call.

"She says daddy when are you coming home? And says, can I come get you? It's been really hard," Garibay explained.

Victor Garibay has made a hardship claim with immigration, but the agency has a back-log and still hasn't reviewed his claim.

As for James Alcala, he pleaded not guilty in federal court along with the other defendants who are his employees. His attorney did not return a phone call today seeking comment about this case.

It is most likely Garibay would have to sue in order to have a chance at getting her money back.

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