Mexican family hopes against all odds that they can stay together

(Court delays and continuances have caused that a Mexican man who has been in the U.S. for almost 20 years be forced to go home. He will leave behind his wife who has been granted legal residence in the U.S, and his four U.S. born daughters because a Judge denied his application to suspend his deportation based on a precedent case which was decided many years after they filed their applications for permanent residence. He and his family are praying for the passage of immigration proposals to reduce the backlogs of family petitions or for President Bush to enact laws to keep their family together but they are running out of time)

(PRWEB) January 30, 2004 --Luz Ayala, 35 years of age, was granted legal residence by a Judge on October 14, 2003. She just gave birth to her fourth United States born daughter on January 6, 2004, the day of the Epiphany. By all accounts, she should be rejoicing but her joy has been cut short by a cruel twist in the immigration laws. An Immigration Judge granted her case in October of last year but because of a technicality, did not grant her husbands case who must leave the United States by February 11 unless the Department of Homeland Security allows him to remain with his family.

   Her husband, Jaime Leyva, is a 40 year old hard working man who has paid taxes since he arrived in the U.S. in 1987. He now has to leave the United States by February 11, 2004. It may be years before Luz can bring her husband back legally because of the backlogs in the petitions of permanent residents for their spouses. She and her four daughters, Karina, 12 years of age; Gabriela, 10 years of age Vanessa, 5 years of age and Kimberly America, 22 days old will now have to fend for themselves and most likely will have to resort to federal or state aid to survive.

   Luz and Jaime, her husband, have been in the United States for more than 17 years. They entered the U.S. illegally many years ago but have been law abiding persons and good providers to their children. Jaime Leyva is the sole support of the family and through his work provides them with medical insurance. This is very important to them because their daughters suffer from many ear infections and have to be under the constant supervision of a doctor. The Judge took all this into account and decided that her removal from the United States would cause her children exceptional and extremely unusual hardship.

They had been waiting for their court date for more than three years, but their hearing date was postponed more than three times by the Court. When they finally got to have their day in Court on October 14, 2003, The Judge did not allow Jaime to continue his application because of a case which had been decided in May 2002.. It is a cruel technicality that will separate this family from their father for perhaps more than 6 years, unless Congress acts upon a bipartisan proposal by Senators Hagle and Daschle who have introduced provisions to reduce the massive backlogs in family immigration.

   Luz Ayala will get her green card any day now. She is just waiting for the paperwork. She is still under shock and refuses to believe that the government will not allow her husband to stay: I feel it is so unfair that my husband would lose his chance to remain in the U.S. because of a case that was decided after we filed. My husband is the sole provider in the family and without him, we will be left without medical insurance. I cannot work right now because of my newborn. We just sold the house that we bought only a year ago because I cannot make the mortgage payments." Now, our doctor just told me that my daughter needs an operation at the end of the month and Jaime wont be here with me to help me with the children.

   Jaime Leyva is requesting that the the Department of Homeland Security allow him to stay at least six more months so that he can help Luz with the expenses of a newborn and the ear surgery their daugher Vanessa will be undergoing on February 26. But the Department of Homeland Security does not answer his lawyers requests or phone calls.

    If I leave my wife and children now they will not be able to survive financially and will have to rely on the State if they have any medical emergencies. One of my daughters will have an operation in the next twenty days and I will not be here for them." What will they do without medical insurance?" What will we do without his income?

Jaime doesnt understand how this could be happening to him and his family. He talks about President Bush with hope in his eyes and feels that the President is proposing laws to keep families together and pair up willing employers and employees and that this should help him. His employer is willing to help him and will file an application with the Department of Labor but the way the backlogs are right now, with luck, this may take from 3 to 5 years. Jaime keeps praying that the Immigration officials will be compassionate and let him stay with his family for six months to a year; he keeps hoping that some of the laws that are being proposed by Congress will pass. But time is running out on Jaime Leyva and his prayers are going unanswered.

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