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Yuvia, left, Sebastian and Cesar Urena are seen at their home Thursday. Yuvia lives in the United States illegally.

KEEP  FAMILY UNITY REINSTATE 245 (i)

Elvira Arellano a national figure in the immigration sanctuary movement was deported on Sunday, August 20, 2007. There is no help available to her at this time. However this is help available for hundreds of thousands  possibly millions of undocumented parents, spouses, sons, daughters, brother and sisters of U.S. citizens and permanent residents.

Through the reinstatement of 245 (i) these family members could become permanent residents INSIDE the United States. Most of these family members have lived in the United States for more than one year in an unlawful status. They face a 10 year penalty before they can return to the United States legally if they process their final paperwork outside the country at the U.S. Consulate. 

A hardship waiver is available for spouses and children of United States citizens. However, these waivers are being routinely denied. Most immigration attorneys are telling their clients not to go for the visa interview because no guarantee can be given that the person will be granted the waiver. When a 10 year penalty is placed on someone at a visa interview if that person returns without permission and they are caught coming back or immigration finds out later the person will then be PERMANENTLY barred from the United States.

What can be done? Demand that 245 (i) be reinstated. Demand this of your two Senators and your representative. Have your churches and any group you belong to contact Senator Harry Reid, Senator Kennedy, Senator Menendez, to have them support and sponsor reinstatement of 245 (i). Circulate 245 (i) petitions among people and mail them to my office. I will present them to these Senators offices in Washington D.C. in September. Conduct 245 (i) forums to educate the general public about 245 (i) and how the changing of two dates can immediately legalize potentially a million people. To qualify for the present law you had to be present in the United States as of December 21, 2000 and have an application filed by April 30, 2001.

Moving those dates forward to the present would help 

The opposition to 245 (i) come from the usual rabid anti-immigrant opponents. They claim reinstatement of 245 (i) is some form of amnesty. For this reason 245 (i) was not even included in any immigration reform legislation. This must be addressed head-on.  As we all know there is no such thing as amnesty. These are family members of citizens and potential citizens who qualify to be lawful permanent residents because of a visa petition that has been submitted or will be submitted on their behalf. A penalty of $1,000 must be paid in order to file for 245 (i). The 245 (i) provision only allows someone to process their visa application inside the United States if a visa is currently available and a $1,000 penalty is paid. The 245 (i) provision does not give any other special benefit.

Once a person qualifies to file the paperwork to adjust status then a work permit can be given. Some people immediately qualify such as parents, children and spouses of United States citizens. Other people have to wait their turn until a visa is available. For some this may be years. Some people have already waited years and now their visas are available and they can immediately file.

This is a compassionate sane approach to a very sensitive issue. We should not allow the fear mongers to continue to dictate immigration policy. The integrity of families can be maintained.  It should be noted that employment based applications would also benefit from 245 (i). It should also be pointed out unlawful presence includes people who came into the country legally and overstayed their visas. There are many different situations where a person with a legal entry would need the benefit of a 245 (i). To give an idea about different fact situations that can arise I have provide six different profiles of actual cases.

The reinstatement of 245 (i) offers hope to hundreds of thousands possibly millions of individuals who otherwise face a bleak and uncertain future. However, these individuals have the greatest advocates who can act on their own behalf. Citizen and permanent resident relatives have a vested interest in having 245 (i) reinstated. It is these people that we must reach. We need to show them how to effectively demand immediate reinstatement of 245 (i) from their elected officials. Contacting their Senators and representatives, signing petitions and publicizing this situation to the media is the way to begin. A change can happen within this year. We can make it happen. 

Vicenta Montoya, Esq.
320 E. Charleston Blvd #202
Las Vegas, Nevada 89104
702-386-5705
vicenta532@aol.com

Police Officer, Wife Live in Deportation Fear

 

LAS VEGAS (By Lynnette Curtis, Las Vegas

Review Journal) August 21, 2007 — He's a cop.

 

She's an illegal immigrant.

They're in love.

It's not the plot of a made-for-TV movie. It's real life for Cesar Urena, a local police officer, and his wife, Yuvia, who is living in the United States illegally.

 
The situation has brought to their young marriage a serious undercurrent of fear and uncertainty.

"I'm scared they're going to come here one day and just take me away," Yuvia, 28, said on Thursday while holding the couple's 1-year-old son, Sebastian.

Cesar Urena, a 27-year-old U.S. citizen and former Marine who served a tour of duty in Iraq, says he understands why some might find the couple's relationship especially interesting considering his law enforcement work.

"It's tough for me, because I'm in the middle," he said. "I see both sides."

But Cesar wasn't worried about Yuvia's legal status when they met in 2001. Yuvia, a Mexican national, was working at a souvenir kiosk in a local casino at the time. Cesar was visiting Las Vegas from California with some Marine buddies.

The two hit if off and began a long-distance relationship. They fell in love, and Cesar eventually moved to Las Vegas to be with Yuvia full-time.

They married about three years ago, and have a second baby on the way.

The couple recently decided it was time to get Yuvia's legal status in order. They contacted a local immigration attorney to explore their options.

What they found out was that those options are extremely limited, and could involve them being separated for up to a decade.

Current U.S. immigration law requires that a person make a lawful entry into the United States in order to adjust to legal permanent resident status.

If a person entered the country illegally, that individual would have to leave the country and then come back.

But if Yuvia leaves the country, she can be barred from returning for up to 10 years because she lived in the United States illegally, even though she's married to a U.S. citizen.

It's a dilemma many families of mixed immigration status across the United States face: Remain here illegally, or potentially be separated from loved ones for up to a decade in order to get legal status.

For now, the couple has chosen the former. Yuvia has no plans to return to Mexico.

"I might not be able to come back," she said. "I'm not going to be separated from my family for 10 years."

Yuvia first came to the United States from Sinaloa, Mexico, as a 14-year-old exchange student. She fell in love with the country.

As a young adult, she made regular trips back and forth from Mexico on tourist visas. But, she says, immigration officials eventually determined she was living in the United States and revoked her visa.

Yuvia chose to return anyway. Now she works in a store at a local casino.

"I'm a good worker."

The couple could move together to Mexico until Yuvia gets legal permission to come back to the United States, but it's not an option Cesar is considering.

"I have to stay here," he said. "My job is here. I would be lost in Mexico."

"You can't make a living there," Yuvia said.

Both worry that potential immigration reform in the United States could make things even more complicated for them.

"It's going to get worse," Cesar said.

The couple hopes that the U.S. government will someday consider granting some kind of amnesty for families in their situation. They are happy to pay a stiff penalty for Yuvia crossing illegally into the United States.

"Even if it's $5,000 or $10,000," Cesar said. "It doesn't matter."

Cesar, whose family is from the Dominican Republic, said he understands why people come to the United States from Mexico and other countries, even illegally, in search of a better life.

"If you were in a country where things are bad and it's hard to make a living, you'd do what you have to do to support yourself and your family," he said.

 


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