Questions of Legality

Though I haven't received questions about Jeanette's situation on the blog, I often hear questions about her legal status, and why she should be allowed to stay in the country when she came (twenty years ago) without documents.  Here are a few questions and answers on the subject:


Why doesn't Jeanette apply for legal status?
 A person who is in the country undocumented cannot apply for citizenship. She would have to return Mexico and apply for a visa of some sort. That process, if she was successful, would probably take 10 years or more. (It is unlikely that her application for a visa would be approved, because she spent time in the US without documents.) During that time, she would be separated from her family. This is one of things that we are pushing for in comprehensive immigration reform that those who have lived here for some period of time such as Jeanette, and are established and contributing to their communities, etc have a “pathway to citizenship” without having to return to their country of origin and having it take 10+ years just to get back into the US.

Did Jeanette have children here to provide 'anchor babies' that would allow her to stay?
 Her US citizen children cannot sponsor her for citizenship until they turn 21. But even then, she would have to return to Mexico and the wait would again be in the order of 10 years or more.

There are four different types of sponsors. If you're from Mexico priority dates are still in the 1990's for visa processing.

Why didn't Jeanette apply for a visa to come to the United States legally in the 1990s?

There are few visas available for people from Mexico and Central America. Per the question above, if Jeanette and her husband had applied in the late 1990s, they would still be waiting for their visa. Since Salvador's life was in danger, they could not wait. 

What about Jeanette's misdemeanors of driving with expired tags and without a license (2009)?

In 2009 it was not yet possible for undocumented persons to obtain a drivers license. (Though it is possible now, the CO state government has cut off money to the drivers license program for immigrants and few are able to obtain a license). Jeanette was working three jobs to support her family and pay for Salvador's treatment for cancer. The job, and driving, were necessities to support her family. She did plead guilty to the misdemeanors and made reparations. Any further recriminations on the eight-year-old charge would be double jeopardy.

Please feel free to ask if other questions arise - either on the blog or via email.