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Archive for Saturday, March 8, 2008

Immigration laws affect mixed families

March 8, 2008

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Juan Marquez, an illegal immigrant, takes a moment during an interview at a law office in Overland Park, Kan. Marquez met his wife Kecia in Kansas City, Kan., and the two were married in 2004. Now Marquez has decided to return to Mexico and start the legal immigration process while his wife stays in Kansas and waits for his return.

Juan Marquez, an illegal immigrant, takes a moment during an interview at a law office in Overland Park, Kan. Marquez met his wife Kecia in Kansas City, Kan., and the two were married in 2004. Now Marquez has decided to return to Mexico and start the legal immigration process while his wife stays in Kansas and waits for his return.

Kecia Marquez, married to illegal immigrant Juan Marquez, is overwhelmed at the realization that her husband of four years will head back to his native Mexico, possibly never to return to U.S. soil. The Marquezes made the decision that Juan should return to Mexico and go through the proper immigration process to become a citizen. If Juan is not allowed to return, Kecia will move to Mexico.

Kecia Marquez, married to illegal immigrant Juan Marquez, is overwhelmed at the realization that her husband of four years will head back to his native Mexico, possibly never to return to U.S. soil. The Marquezes made the decision that Juan should return to Mexico and go through the proper immigration process to become a citizen. If Juan is not allowed to return, Kecia will move to Mexico.

— When Kecia Sales and Juan Marquez were married, they were like scores of other couples: very much in love with plans to live together for the rest of their lives.

But it wasn't to be.

After their December 2004 marriage, he told her he had been living illegally in the U.S. since 1999. After leaving Mexico, Marquez made his way to her hometown of Kansas City, Kan., where they met and married, and she took his name.

They became one of an estimated 2 million mixed families, where at least one member is a citizen or lawfully living in the country and at least one member isn't. The vast majority of those families, according to the Pew Hispanic Center, involve an illegal parent and legal children - yet another shade of this country's ongoing immigration conundrum.

That he's among some 12 million illegal immigrants didn't change Sales' love for Marquez. They lived in her hometown with a couple of dogs, and both worked to make ends meet.

"It didn't bother me," she said. "It doesn't make him any worse of a person."

But Marquez, 26, and his wife, 40, finally decided he should return to Mexico and begin the long, uphill fight to re-enter the country legally.

Legislation

Marquez's decision came as Kansas and some 40 other states try to pass legislation this year dealing with illegal immigrants because Congress has failed to act. It's a move Hispanic advocates say affects more than illegal immigrants.

"It impacts also documented immigrants because families tend to be of a mixed status. Hurting one individual hurts the entire family. It creates an unwelcoming atmosphere to all immigrants, whether legal or not," said David Ferreira of the U.S. Hispanic Chamber of Commerce.

El Centro Inc., a Hispanic advocacy group in the Kansas City area, said its 2006 survey showed 63 percent of Hispanics questioned said they lived in some type of mixed family status.

'Doing the right thing'

Why Juan Marquez came to the United States is a familiar tale. He wanted a better life for himself and his family, which includes two younger brothers, his mother and disabled father back in Hidalgo state.

"They have no money for food. My parents don't work," he said. "I wanted to do whatever I have to do to put on the table for my family."

He said each week he sent $100 to his family - a practice known as "remittances," which the Inter-American Development Banks says accounted for $23 billion sent to Mexico in 2006.

The couple talked about the decision for him to return to Mexico in the office of their immigration attorney, Mira Mdivani, shortly before Marquez left last month.

"You don't feel safe in the streets. You don't feel safe anywhere because of a lot of things going on right now," Marquez said. "The police pull you over for no reason."

"I want to be free, to go wherever I want to go and not be scared. In the long run, it will be worth it. We can have a better life and we won't be scared anymore," he said.

When he was in the U.S., he worked at construction jobs, doing everything from picking up trash to cleaning sewers and provided about two-thirds of the household income.

Kecia Marquez said she worried daily that her husband would be arrested at work by immigration agents, so much so that she called him three or four times a day to check on him.

Her worries continue about whether he will be allowed back in the United States anytime soon.

"It's stressful, very stressful, because I don't know if he's coming back. It's just that I'm sure we're doing the right thing. This is my home, and I want it to be here with my husband," she said as both teared up.

'Unforgiving' law

Mdivani said because Juan Marquez entered the country illegally and stayed more than a year, the law bars him from coming back for 10 years, unless the government approves a waiver request from his wife. She said Juan Marquez will file that request this month with the U.S. Consulate in Juarez, Mexico, and wait, maybe for up to a year, for an answer.

"The law is extremely unforgiving," Mdivani said. "But I think Kecia has a compelling case. She takes care of a disabled sister and uncle. She won't have the opportunity for any kind of decent job there, and she will lose the house."

If the waiver is denied, Kecia Marquez says she will move to Mexico.

"That's what I'll have to do. That's my husband. I have to go where he goes," she said. "I love him, I can't forget about him."

Comments

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  1. monkeyhawk (anonymous) says…

    Is this story supposed to tug at my heartstrings?

    I don't think Juan just happened to wander out of his country and into ours by mistake. Then he marries someone he had obscured the truth from.

    "It impacts also documented immigrants because families tend to be of a mixed status. Hurting one individual hurts the entire family. It creates an unwelcoming atmosphere to all immigrants, whether legal or not," said David Ferreira of the U.S. Hispanic Chamber of Commerce.

    Why is it that the only families torn apart are the ones in the US? Why aren't families in Mexico "torn apart" when their members crash the border? The unwelcoming atmosphere is solely created by the unwelcome, illegal alien invasions. I am sick of the guilt trips being imposed by the oh-so-politically correct LaRaza types, so those who are documented should be leading the charge. Real Americans have the right to be disgusted.

  2. wysiwyg69 (anonymous) says…

    what doesn't the border jumper understand? get his butt out of here and take the rest of the wetbacks with him

  3. notajayhawk (anonymous) says…

    ChristmasCarol (Anonymous) says:

    "I was under the impression that when I dated both a English woman and a French woman if we were to get married she would be a citizen and I would also be one of her country as well."

    I believe marrying a foreign-born person will get them a green card (a conditional one you can petition to have changed to a permanent one after 2 years of marriage), but not citizenship. And that's if they're here legally, not too sure it even gets them a green card if not.

  4. Confrontation (anonymous) says…

    See the age difference? It may have been love for her, but it was a possible green card for him.

  5. crazyks (anonymous) says…

    It did indeed used to be true that if an illegal married an American citizen, they gained immediate citizenship.

    The law on this has changed, however. I'm not sure when this was done, but marriage no longer gives illegals instant citizenship.

  6. toefungus (anonymous) says…

    Well, if you marry a prisoner with a life sentence, you can't move into the jail cell either. This article only tells me one thing. The name and location of an illegal is known by the person who wrote the story. Get out the waterboard.

  7. sdinges (anonymous) says…

    You all misunderstand the immigration process. Marriage gives -no one- immediate, guaranteed, or automatic citizenship. Legal, illegal, permanent resident, student. No one.

    When you marry a U.S. citizen, you have the opportunity to apply for legal Permanent Residence after marriage. This application can be denied for a myriad of reasons - the most common being crimes/questionable behavior, USCIS questions the validity of your marriage, lying on your application, or entering the country illegally/overstaying a visa.

    After that you must stay married for two years. If you do not, you lose your status and you may be deported (there are exceptions for abused spouses/widows/widowers). After two years you may apply to have the condition removed from your permanent residence (meaning you can stay regardless of your marital status). Again, this application can be denied for the same reasons as above and more.

    After three more years, you are eligible to apply for naturalization (citizenship). Once again, this application can be denied! The country is not obligated to grant citizenship to anyone. At this point, extended trips outside the country, crimes, indication of fraud in any of your previous applications, not passing the civics test, not speaking English well enough, can all interfere with the process.

    Here's an example of things that will get in the way of this man's immigration proceedings: His illegal status is obvious, but the age difference will bring immediate scrutiny and attention to the validity of the marriage. And it's not up to them to prove your marriage is fake - it's up to you to convince USCIS that it's real. What's more, their marriage will be scrutinized at every level of the process (since USCIS is always trying to sniff out fraud in your previous applications), and his illegal status will also be brought up constantly. The waiver will allow her to possibly have him return to the country, but it does not guarantee that USCIS will accept the excuse.

  8. local_guy (anonymous) says…

    i love how it only took about 3 or 4 comments before some idiot posted something racist. i agree with everyone on here, but wow, do they ALL have to be border jumpers and wetbacks? i dont have a drop of mexican in me, and i still found that somewhat offensive..my goodness i sure do love Lawrence!! =)

  9. july241983 (anonymous) says…

    I also love how most of these posters get some sort of sick pleasure out of a family getting split up.

  10. ebyrdstarr (anonymous) says…

    I love that the topic of illegal immigration has become one in which the use of racial slurs is acceptable. I can't imagine the ljworld powers would allow any comment that contained the n-word to stay up on the site all day long.

  11. Delawarebob (anonymous) says…

    Mixed Marriages. Just another problem with this illegal immigration. Anchor babies. Another problem brought on by the illegal aliens. The problems this illegal immigration has caused is just, well, overwhelming!

    These problems will not go away until each and every illegal alien is out of this Country and back in their own country where they belong.

    As for this couple, if she loves him, fine. I have no problem with that. She can go back to Mexico with him, and I wish them both the very best.

  12. reywahp (anonymous) says…

    Many of immigration issues are stuck in the green card process for so many years and will be stuck for some more years. Do you guys really think it's worth spending your youthful years in this country working with the same employer in the same type of job?For those who are stuck, what are your plans? How important is a green card? Are you planning to return to your country soon? Or are you going to wait it out, because being in US matters more to you than anything else? Comming to returing back, that is for the people who belive that being born in one country is "home". For me my home is where my family is, it really does not matter which country.Hope every one will get GC pretty soon. Any thoughts will be welcome. God Bless us all_______________ReyNew York Immigration Lawyer Marina Shepelsky, located in Brooklyn, assists clients from the New York metro area and across the United States in all immigration and naturalization matters http://www.e-us-visa.com