Alma is now suffering from a terminal illness. She was referred to hospice care to ease her pain. Her doctor gave her only two months to live as her cancer cells had spread all over her body.
There is still one wish that Alma wants to realize before she passes away. She wants to testify in immigration court to save her husband Romeo from being deported. Alma and Romeo have been married for more than ten years. As a US citizen, Alma filed a petition for Romeo. Her petition was denied because Romeo engaged in fraud at the time he entered the US in 1998.
To remedy the fraud, Alma filed for a waiver a few years back. One of the many requirements is that extreme hardship on the part of the US citizen spouse must be demonstrated. When Alma was not stricken with the terminal illness, her only hardship was the effect of physical separation from her husband. This reason was not enough to grant a waiver based on existing immigration service regulations; hence, resulting in the denial of the application.
Now that Alma is terminally ill, she wants to go back and revisit the waiver application of Romeo. This time she is truly experiencing extreme hardship. She insists on her deathbed that she will provide testimony to the immigration judge to explain her extreme hardship. As soon as she is able to convince the judge of her extreme hardship, Romeo’s petition will hopefully be approved. Approval of the waiver means that Romeo may continue to stay in the US and be issued a green card.
Romeo has been depressed about his current immigration status. He is in deportation proceedings after the Immigration and Customs Enforcement (ICE) incarcerated him for 30 days. Seeing his wife everyday suffer the excruciating pain of cancer caused him to loose hope. His prayer is for a miracle to happen. He constantly prays for her wife to recover. Romeo’s deportation case became a secondary issue. He thinks that it is now more important for Alma to live longer and be healthy again.
No Ground for Hope
For many distressed immigrants facing deportation proceedings or those who are continuing to live in fear for being undocumented, their everyday lives are considered a constant struggle. While many have gotten used to their situation, there are a quite a number who have lost hope. In many instances, death of the petitioner after many years of waiting also results in death of their dream to live legally in the United States.
Generally, the death of the petitioner results in the death of the petition. Unless there is a strong humanitarian reason to reinstate a petition, the beneficiary of an approved petition loses the opportunity to become an immigrant. Last year, the exception to this rule was enacted in October 2009. In limited circumstances involving widows of US citizens and children of US citizen petitioners, a petition may survive the death of the petition. Most of the time this exception does not apply. And in instances where it is not applicable to the petitioned relative, death results in the end of the American dream.
In the case of Alma, the suffering and pain she is experiencing is unfolding into something positive for his loved one. As soon as she is able to show her extreme hardship, Romeo will be able to have his waiver approved and green card issued. Ironically, Alma’s suffering can be used to support Romeo’s new waiver application.
There are US citizen petitioners who are enduring pain to allow their loved ones the opportunity to obtain their legal residency before they actually pass away. I know of an elderly veteran who withstood the discomfort of cold winter weather and cramped living conditions in the US just to ensure that his petition for his children will not be affected. He did not want to return to the Philippines because according to him, he would rather stay in the US and wait for his children to migrate. As soon as his children arrived, this elderly veteran died. His dream for his children to migrate to the US was attained but not without sacrifices.
New Beginnings
More than 11 million undocumented immigrants in the United States are awaiting for the dawn of a new immigration law that will relieve them of their current situation. They wish for the day that a legalization program is passed into law when they can finally come out of the shadows to become legal immigrants.
This Easter Day, we are reminded that there is hope which is symbolized by the resurrection of our Lord. He conquered death so that we may all live and maintain hope.
For those facing death or are agonizing in pain, we believe that these sufferings will pave the way for new beginnings. Alma’s hardship shall become a corridor for a renewed hope for Romeo. Immigrants who have been enduring so many sacrifices may soon experience relief. With every death and suffering comes a hope of a new life and beginnings. This is our Christian belief and we should rejoice in spring’s rebirth and Christ’s resurrection. A happy and blessed Easter!
(Tancinco may be reached at 887 7177 or at law@tancinco.com)
