Some barely miss out on deportation protection

It is nice to see articles like this to get attention.


Some barely miss out on deportation protection
Age cuts off otherwise qualified immigrants
By Susan Carroll
Updated 11:32 p.m., Sunday, June 24, 2012

Julieta Garibay has lived in the U.S. for 20 years, but at age 31 she is too old to qualify for President Barack Obama's new policy that allows illegal immigrants brought here as children to apply for protection from deportation. Photo: MARY F. CALVERT / © 2012 MARY F. CALVERT/HOUSTON CHRONICLE

She is near the back of the crowd of undocumented immigrants featured on the cover of Time magazine, standing shoulder-to-shoulder and staring back at the camera under the headline "We Are Americans … Just not legally."

The story ran just before President Barack Obama announced plans on June 15 to allow illegal immigrants brought to the U.S. as children to apply for protection from deportation and work permits.

In many ways, Julieta Garibay, the woman under the "M" in Time, is a poster child for Obama's new policy: Her mother brought her to the U.S. when she was 12. She has a bachelor's and a master's degree in nursing from the University of Texas at Austin.

But Garibay is 31 years old, and the plans announced by the Obama administration cut off eligibility at age 30. Garibay, who dreams of being a military nurse, will have little option but to continue volunteering and working as a baby sitter while many of the immigrants she stood with on the cover of Time likely will get a chance to work in their chosen fields.

"It's a little disappointing," she said, "but it does not take away from this huge victory."

Immigration attorneys have reported counseling disappointed clients who will barely miss out on qualifying under the new policy, which offers two years of protection from deportation for illegal immigrants who came to the U.S. as children and stayed in school and out of trouble. After that time it could be renewed. Those who qualify can apply for work permits.

Missing 'by an inch'

The government's criteria - which also requires that applicants have entered the country before turning 16 - has in some instances meant that one sibling in a family will qualify while another will not, attorneys said.

"You know they have to have limits," said Elise Wilkinson, a local immigration attorney. "But it is very heartbreaking when they miss qualifying by an inch."

Officials have said it could take up to two months to create a formal application process for those eligible under the new policy.

The basic information released by Department of Homeland Security officials has already eliminated the vast majority of the estimated 11.5 million illegal immigrants in the U.S. In addition to the age requirements, the policy requires applicants to be enrolled in school, have graduated from high school or have a GED. They also must have lived in the U.S. for the past five years and have no felony convictions or "significant" or multiple misdemeanors.

The Migration Policy Institute estimated that 1.39 million illegal immigrants - including about 170,000 in Texas - would be eligible.

Immigrant advocates have widely praised the president's plan, a marked change from the chorus of criticism Obama has faced from Latino groups for deporting record-setting numbers of illegal immigrants.

But the new policy has roiled many Republican leaders who have criticized it as an administrative "amnesty." It also forced GOP presidential candidate Mitt Romney to outline his plans on immigration, saying he supports a "path to legal status" for those who serve in the military.

Garibay, despite her dream of becoming a military nurse, said she greeted Romney's proposal with skepticism, noting her age likely would again disqualify her and that many undocumented immigrants are not interested in joining the military.

A Mexico City native, Garibay plans to help the national United We Dream campaign spread the word in Texas about eligibility under the new policy, she said, adding that it is not a permanent solution.

"This is not a one-time thing," she said.

Hang Youk, a University of Houston graduate with an accounting degree, watched the president's speech, hoping the new policy might mean a fast-track to a work permit.

Youk's slide into undocumented status started in 2000 with the murder of his father, a Houston convenience store worker who brought his family legally to the U.S. from South Korea and had a pending green card application.

His father's sudden death also meant the end of the green card petition he had filed for his family members.

Backlog of petitions

Over the years, Youk has tried different avenues to stay in the U.S. legally, while trying to build a life in Houston. He passed his exams to become a certified public accountant last year, but has been unable to get his license because it requires a year's work experience under a CPA.

In 2010, Youk's immigration attorney tried to revive an old green card application Youk had filed years earlier with the support of a potential employer. The application was filed under a law Congress has since phased out that allowed undocumented immigrants who met certain criteria and paid a fine to become green card holders without leaving the country.

But Youk said the processing of those petitions is backlogged for several years.

As Youk heard more details of Obama's plan last Friday, he realized he had missed out again. Youk was 18 when he entered the U.S. from South Korea and had just turned 32 in April, making him ineligible.

Source : http://www.chron.com/news/article/So...on-3658217.php

Yea... I feel sad...too the age bar is just absurd... cuz someone's +30 atm doesn't mean that they entered here undocumented on their choice.

The thing is that the 31-34 were always in all bills of DA except the 2010 lame duck.

The original Dreamers were left out and those that qualified did not even know what Dream Act was back then.

If you are that old, you really should just get married already. Especially, if you are female. That was plan B for me.

If you're 31 years old and still don't have your papers then maybe it's time to leave the country. I know those are some harsh words but if you haven't been able to get your papers for 15 years either through work, family sponsorship, or marriage and you're too old to qualify for the Dream Act then it seems like you're best option in life is to settle somewhere else. There are other great places to live on this planet besides the US. I know a lot of people who left and are doing quite well in other countries.

Well, if Mit wins, every dreamer will be in the shoes of 31+ dreamers. DO NOT GET COCKY!!!

Those were very harsh words. I've been hearing things like that from right-wing xenophobes all my life.

I disagree, what if you don't want to get married, what if you haven't found the right one, or what if you are gay? That was plan B, "was" it still is because none of us are getting a green card, yet?

You cannot get married for papers. It has to be a love marriage with risks involved.

USA is the only country known to Dreamers though. There have been people waiting right after the 1986 law. You do know that the other versions of DA bill had a limit up to 35. The original House version had no cap all also had Retroactive. Remember, each individual's situation is different.


I don't think he will win.

Very good point. You always have to put yourself in someone else's shoes.

Why doesn'y anybody talk about those who came when they were 16?,17, or 18? they were still underage and during that age you do as your parents say. I qualify for this new policy but my brother came here when he was 16 and had no choice and he doesn't qualify. It should be under 18 or even under 21.