How a “Legal” Immigrant Family Goes From American Dream to Deportation Notice

A story in the Santa Fe New Mexican recently caught my attention because of how accurately it depicted the reality of “legal” immigration for far too many people.

Miguel Santeliz and María De Las Casas emigrated from Venezuela 12 years ago on L visas, which allow “a foreign worker to bring a business into the U.S. and open a new branch.” They opened up a successful restaurant in New Mexico and paid international fees for their three daughters to attend private schools and universities. De Las Casas worked as a middle school teacher and adjunct professor at a college. Eventually, they bought a larger house with more than an acre of land and sold the restaurant in order to start an organic farm.

But after nine years of being lawful and productive residents of the United States, the family was denied a permanent resident card and told they had 180 days to leave the country. The reason? A glitch in one of their applications.

After $10,000 to $20,000 in attorney fees, their lawyer had failed to file paperwork necessary under the L visa program stating they left the restaurant business to start an organic farm. After they hired yet another attorney to appeal the U.S. immigration service’s decision, they were told they would be able to appear in court in November 2011. Of course, the family was expected not to legally work during the three years before the court date and somehow manage an existence. And if they left the country to live elsewhere before they could appeal the decision? Then it would be a 10-year ban to enter the United States. When they petitioned for an earlier date, they were basically told okay, not three years of waiting, we’ll make it two.

In the end, the family took all of their businesses, education, and financial assets to Spain where they had family and dual-citizenship. “We decided to leave for economic and emotional reasons,” De Las Casas told the paper. “The immigration process in this country, if I had to use a word for it, is cruel," Santeliz added. "At the end of the day, it seems like it's easier to be here illegally than legally."

This is a story with a terrible ending, but even sadder is the fact that it is an incredibly common tale. If I had a dollar for every family I’ve come across who did all of the “right things” and immigrated to this country legally, only to lose their status for reasons they are barely able to decipher themselves, perhaps I’d be able to build my own giant immigration law center.

It’s backwards and unproductive to lose people like the Santaliz and De Las Casas family who contribute businesses, create jobs, and infuse communities with capital. How does pushing them to seek a new country to call home, or to live a marginalized life as undocumented immigrants, provide any benefit to anyone?

As the Santa Fe New Mexican article puts it, “When illegal immigration is discussed in the U.S., many people question why immigrants do not come into the country legally. The answer is simple: The options are limited and expensive.” If we were serious about decreasing undocumented immigration, and not simply utilizing the terminology as justifying pretext for wanting to kick out all “foreign” people, then we would begin by untangling our anachronistic legal immigration system so prone to failure, and providing real legal avenues for would-be immigrants.

Photo Credit: leoncillo sabino