Julia, 43, often wakes up in the middle of the night sweating profusely. She has recurring nightmares of immigration agents running after her, catching her, handcuffing her, embarrassing her in front of friends and bringing her to jail.
An estimated 12 to 20 million illegal immigrants are in the United States. Julie is one of them.
She came to the United States out of desperation eight years ago leaving her irresponsible often jobless playboy husband in the Philippines. Her school teacher’s starvation salary hardly made ends meet. She acquired a B-1 visitor’s visa by attending a teacher's convention in Chicago – then overstayed.
She went though the usual adjustment difficulties: the sense of alienation, painful homesickness, lonely winters, lying about her immigration status for low paying menial jobs. She missed her parents and regularly sent them money. Her father died of cancer without seeing her. She wept the whole night feeling guilty that she could not visit him.
Loneliness caused her to date a married man who left her when she got pregnant. She raised her 5 year old son Michael by herself.
Her job situation eventually improved as she was smart and hardworking. She did housekeeping, cooking and secretarial work for a well to do couple who paid her well and provided room and board for her and Michael.
She generally lives a lonely life, afraid to socialize, afraid to tell her few friends about her immigration status, afraid of the police (fearing that they might report her to immigration authorities) and tends to be paranoid of strangers.
The only solace to her lonely life is her 5 year old son Michael, and the Church she goes to every Sunday where she socializes with a few Filipino friends, sharing experiences and news from the homeland.
She consulted with me explaining her situation and felt guilt about violating U.S. immigration laws. She asked: “What if I get caught?”
“Before anything else,” I told her, “Immigration law is civil law and not criminal law. You should congratulate yourself for having the courage to try and find a better life for yourself and your loved ones. Not your fault you were born in a poor country.”
For her and others like her – this is my advice, if caught by Homeland Security agents:
Don’t panic. It’s not the end of the world. Be nice and polite to the arresting officers. They’re just doing their jobs. Ask respectfully if you can talk to your lawyer first before answering any questions.
Tell them you have a minor child that you need to attend to and ask if you can be released without bond. Assure them you will not run away. They will likely grant your request because of your child and place a monitor electronic bracelet on you. If not, your lawyer can bond you out.
You have a right to a hearing before an Immigration judge and present applicable defenses. It’s not the case that an alien can immediately be deported after arrest.
If you’ve been here a total of 10 years and have a U.S. citizen or permanent resident parent or child and have no crimes – you might qualify for an immigrant visa under the Cancellation of Removal law which an immigration judge can grant.
Congress most likely will also approve the amnesty bill hopefully this year allowing undocumented immigrants to legalize their stay.
So – just be cool. Live life one day at a time, let tomorrow take care of itself. Don’t be afraid. Hope.
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Atty. Laguatan’s legal expertise is officially certified by the California State Bar. He does immigration, personal injury, wrongful death, medical malpractice and complex litigation. He is rated as among the top 5 percent best lawyers in America by a magazine for lawyers. For communications: 455 Hickey Blvd., Ste. 516, Daly City, CA 94015, Tel. (650) 991-1154, Fax (650)991-1186, E-mail: laguatanlaw@gmail.com
An estimated 12 to 20 million illegal immigrants are in the United States. Julie is one of them.
She came to the United States out of desperation eight years ago leaving her irresponsible often jobless playboy husband in the Philippines. Her school teacher’s starvation salary hardly made ends meet. She acquired a B-1 visitor’s visa by attending a teacher's convention in Chicago – then overstayed.
She went though the usual adjustment difficulties: the sense of alienation, painful homesickness, lonely winters, lying about her immigration status for low paying menial jobs. She missed her parents and regularly sent them money. Her father died of cancer without seeing her. She wept the whole night feeling guilty that she could not visit him.
Loneliness caused her to date a married man who left her when she got pregnant. She raised her 5 year old son Michael by herself.
Her job situation eventually improved as she was smart and hardworking. She did housekeeping, cooking and secretarial work for a well to do couple who paid her well and provided room and board for her and Michael.
She generally lives a lonely life, afraid to socialize, afraid to tell her few friends about her immigration status, afraid of the police (fearing that they might report her to immigration authorities) and tends to be paranoid of strangers.
The only solace to her lonely life is her 5 year old son Michael, and the Church she goes to every Sunday where she socializes with a few Filipino friends, sharing experiences and news from the homeland.
She consulted with me explaining her situation and felt guilt about violating U.S. immigration laws. She asked: “What if I get caught?”
“Before anything else,” I told her, “Immigration law is civil law and not criminal law. You should congratulate yourself for having the courage to try and find a better life for yourself and your loved ones. Not your fault you were born in a poor country.”
For her and others like her – this is my advice, if caught by Homeland Security agents:
Don’t panic. It’s not the end of the world. Be nice and polite to the arresting officers. They’re just doing their jobs. Ask respectfully if you can talk to your lawyer first before answering any questions.
Tell them you have a minor child that you need to attend to and ask if you can be released without bond. Assure them you will not run away. They will likely grant your request because of your child and place a monitor electronic bracelet on you. If not, your lawyer can bond you out.
You have a right to a hearing before an Immigration judge and present applicable defenses. It’s not the case that an alien can immediately be deported after arrest.
If you’ve been here a total of 10 years and have a U.S. citizen or permanent resident parent or child and have no crimes – you might qualify for an immigrant visa under the Cancellation of Removal law which an immigration judge can grant.
Congress most likely will also approve the amnesty bill hopefully this year allowing undocumented immigrants to legalize their stay.
So – just be cool. Live life one day at a time, let tomorrow take care of itself. Don’t be afraid. Hope.
-----------------o------------------
Atty. Laguatan’s legal expertise is officially certified by the California State Bar. He does immigration, personal injury, wrongful death, medical malpractice and complex litigation. He is rated as among the top 5 percent best lawyers in America by a magazine for lawyers. For communications: 455 Hickey Blvd., Ste. 516, Daly City, CA 94015, Tel. (650) 991-1154, Fax (650)991-1186, E-mail: laguatanlaw@gmail.com
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