Teen stuck in Mexico over 'Leap Day' error can return home

Elizabeth Olivas, who came to the U.S. illegally at age 4, went to Mexico to get a green card or visa to fulfill requirements of U.S. law and has not been allowed to return since she missed the deadline by a day.

Updated 3:45 pm EST -- A teen stuck in Mexico because she missed an immigration deadline due to a “Leap Day” error received a visa on Thursday that will allow her to return to the US just in time to give the salutatorian speech at her high school graduation this weekend, her lawyer said.

Elizabeth Olivas, who came from Mexico when she was four, failed to meet the visa requirement by one day due to it being a leap year and had been stuck in Chihuahua, Mexico, for the last six weeks while she awaited a decision from the U.S. Consulate in Ciudad Juarez, according to her lawyer, Sarah Moshe.


“Just got out visa in my hands. I’m coming home!” she wrote in a text message to Moshe. “I’m soo happy!”

Moshe said in an email statement that she also received electronic correspondence from the State Department, reading: “The waiver was approved, and we just finished issuing and printing her visa.”

Olivas, who is eligible for a green card because her father is a U.S. citizen, faced a possible three-year bar from entering the country because of the calendar error. People in her situation are allowed 180 days unlawful presence in the country after their 18th birthday, but after that time would need a waiver, said Moshe, who did not have any details about Olivas’ mother.

Olivas traveled from her home in Indiana to Mexico on April 17, the day she believed was her last chance to be within that180-day window. Not knowing how long it might take to get an appointment once she was in Mexico, Olivas and her lawyer decided she should chose to stay in the U.S. for as long as she could beforehand, Moshe told msnbc.com.

“I would never have sent her had I had any question in my mind,” Moshe said Wednesday evening, noting two legal calculators they had used said Olivas would need to be in Mexico on April 17, not April 16, to apply for an immigrant visa. “It was a very innocent mistake … we were aware within days essentially and tried very hard to work in that timeframe but to no avail.”

Olivas, who turned 18 on Oct. 18, 2011, had sought the expedited waiver after learning about the error. She is graduating from Frankfort High School in Frankfort, Ind., with a GPA over 3.9, was winter homecoming queen and has already been accepted into nursing programs. As part of the 400-page waiver application, she submitted at least 25 letters of support from her instructors, Moshe said.

Almost-deported valedictorian helps introduce immigration reform bill

Waiting at her paternal grandparents’ home in Chihuahua, Mexico -- relatives she had not met before -- she had experienced the highs and lows of the slow-moving immigration process. She has also missed her prom, Moshe said.

“In the past, on the days when there’s been no movement, it’s been really hard for her,” Moshe said before the decision. “Dealing with huge government agencies, there are days when nobody responds to email or returns a phone call. But she’s really excited right now, I mean she’s really hopeful.”

Principal Steve Edwards told the Indianapolis Star that Olivas has done her homework online while she has been in Mexico and her grades had not been affected.

Can an illegal immigrant become a lawyer?

"This is a very skilled, talented, beautiful young lady. This hurts me and is one of the hardest things I've ever dealt with in my life," he said.

For the waiver application, Moshe argued that Olivas’ absence would prove a medical hardship on her father, who suffers from diabetes and high blood pressure, among other ailments.

“Last time he was in my office, he literally put his hand in front of me and stuck a finger out and said take my finger if you need to, just do anything,” Moshe said.

Mom of deported teen runaway files federal lawsuit

Maria Elena-Upson, a Dallas-based spokeswoman for USCIS, told the Indianapolis Star that the agency normally took applications as they came in and not out of turn. The process typically takes two to three months.

"I can sympathize with this situation, but it would not be correct," Elena-Upson told the newspaper.

Moshe had said she would appeal if the consulate denied Olivas’ waiver application – a step that’s no longer necessary.
“She will certainly enjoy a well-deserved graduation celebration on Saturday!” she wrote in an email.

 

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Whose fault is that?

  • 34 votes
#1 - Thu May 31, 2012 12:26 PM EDT

Its her fault, but come on... how obtuse can immigration be.

  • 41 votes
#1.1 - Thu May 31, 2012 1:06 PM EDT

First and foremost, this girl should be allowed to come back home to the USA. She is truly an American. However, why in the hell would her parents have her wait until the last second to get in there?? Makes no sense. Do that crap over the summer before the deadline. JJEESSUUSS!

  • 54 votes
#1.2 - Thu May 31, 2012 1:09 PM EDT

She stated: she stayed as long as she could BEFORE going back to Mexico. There, we all make decisions and hers was incorrect. I blame her parents. It was not her fault she came to the US at 4 but when she became old enough, she should have become a citizen. Do not feel sorry for her..she knew the rules and did not calculate correctly. Surprised Mexico doesn't get rid of her, they seem to not want the ones we have back.

  • 42 votes
#1.3 - Thu May 31, 2012 1:11 PM EDT
Comment author avatarDon41331Restored

The law is the law. She years to apply for citizenship, now she's gotta pay. She should have thought about that beforehand. Too bad. Tough.

  • 36 votes
#1.4 - Thu May 31, 2012 1:20 PM EDT

Always do things in advance..you never know if there be delays...something like what she had to do was foolish to wait till last day!

Her high school could always get another speaker..no harm done. Wonder if she still gets a HS diploma..in Mexico since April 17th...missed classes.

  • 20 votes
#1.5 - Thu May 31, 2012 1:21 PM EDT
Comment author avatarldoExpand Comment Comment collapsed by the community

ANOTHER immigration article. Seems this is going to be an everyday occurrence, or is this another deflection from the real issues in our country ?

Elizabeth Olivas, who came from Mexico when she was four.....

Olivas, who could get a green card because her father is a U.S. citizen.....

  • How did the FATHER get citizenship, or was he an American citizen to begin with ?
  • What is the status of the MOTHER ?
  • Why did the family wait so long to take care of this problem ?
  • Why didn't Elizabeth do some research on this issue ?

Expect to see Amnesty amongst Mr. Obama's talking points during the Presidential debates. How convenient.

  • 20 votes
#1.6 - Thu May 31, 2012 1:36 PM EDT
Comment author avatardavid saintRestored

ITS OUR FAULT! If the girl has an American father, she is then a natural born citizen..she should be accepted back in and given full citizenship status. Im sorry for the racists that dont like that, but thats the LAW!

  • 35 votes
#1.7 - Thu May 31, 2012 1:37 PM EDT

David a US natural born citizen is born in the USA..she was born in Mexico...do a google search.

  • 23 votes
#1.8 - Thu May 31, 2012 1:40 PM EDT

If the government acknowledges the error then why all the red tape? This is another example of the failure of our system to govern!

  • 9 votes
#1.9 - Thu May 31, 2012 1:42 PM EDT

Supreme Court has ruled that a natural born US citizen is either:

a. born in USA, or

b. born anywhere to at least one parent who is a citizen of USA

  • 48 votes
#1.10 - Thu May 31, 2012 1:43 PM EDT

David - Wrong. You're the one who doesn't understand the law. She's only a natural born US citizen if she was actually born in the US. If she was born in Mexico, which is what sounds like happened here, she's a Mexican citizen.

  • 15 votes
#1.11 - Thu May 31, 2012 1:45 PM EDT
Comment author avatarJS in SDExpand Comment Comment collapsed by the community

This is no one's fault but hers and her mistake certainly does not warrant allowing her to jump ahead of all of those people who have been patiently waiting their turn. She procrastinated and now she is paying the price for it. It would be completely wrong to take her application out of turn just because she happens to be some pretty little high school student. It would also be wrong to bend the rules for her. I do not buy that her being gone is some major hardship on her dad just because he has diabetes and high blood pressure. Many people live on their own who have diabetes and high blood pressure. I had a girlfriend years ago who was legally blind due to her diabetes and quite ably took care of herself and lived on her own. He is obviously independent enough that he can get to the lawyers office on his own. This medical reason for a waiver sounds completely contrived and should be denied. I also have to laugh at the fact that she is a salutatorian of her high school class and can not count days on a calendar - does not say much for the level of competition she faced at her high school. Not to be cruel, but this girl and her family stupidly procrastinated getting this done and miscalculated. This is not a justification for providing a waiver to immigration law. The fact that they came up with this complete BS of a justification for the waiver of her dad's diabetes and high blood pressure makes me think even more that the waiver should not be granted. The medical justification for the waiver is such obvious BS that is smacks of a fraudulent attempt to get a waiver that if anything it is yet another crime on top of her originally coming here illegally. She screwed up and should pay the price. It will teach her a very valuable life lesson not to leave important things to the last second because unforeseen things can arise.

  • 29 votes
#1.12 - Thu May 31, 2012 1:48 PM EDT

As a high school teacher always told us: You snooze, you lose!

That's what happens when you wait until the last day. People should realize that it's best to be early and overprepared than not, because governments don't give exceptions.

Hopefully this is a lesson learned.

  • 20 votes
#1.13 - Thu May 31, 2012 1:57 PM EDT

This article can easily lead readers to the wrong conclusion, since it's missing some information.

According to the Star, Olivas’ tardiness in getting to Mexico was a combination of her wanting to miss as little school as possible and a date accounting error by her immigration lawyer.

Sarah Moshe, Olivas’ lawyer, told the paper that her firm did not take into account that this is a leap year. Many law firms use legal calendars as a way of tracking important dates that do not add the extra day in February.

Source

So they were following the legal advice they were given.

  • 26 votes
#1.14 - Thu May 31, 2012 2:03 PM EDT
Comment author avatarDon41331Expand Comment Comment collapsed by the community

Yeah well maybe she can give her speech down in Meh-kee-ko. Teach 'em all what it means to be on time

lol...

  • 13 votes
#1.15 - Thu May 31, 2012 2:06 PM EDT
Comment author avatarrobbopaloobopExpand Comment Comment collapsed by the community

Geez...not another one!

Can someone please explain to me how come these illegal immigrants are so brilliant that they can be salutatorians and valedictorians of their high schools....thank you American Taxpayers for the free education - suckers!....and to quote the article: so "very skilled, talented, beautiful, ect. ect"...(gag)

...how come they can't follow the rules?

  • 24 votes
#1.16 - Thu May 31, 2012 2:09 PM EDT
Comment author avatarpishawExpand Comment Comment collapsed by the community

Oh my God, we have to save the babies!!!

Then we'll let them slowly die and say it's Gods will.

  • 4 votes
#1.17 - Thu May 31, 2012 2:12 PM EDT

"David - Wrong. You're the one who doesn't understand the law. She's only a natural born US citizen if she was actually born in the US. If she was born in Mexico, which is what sounds like happened here, she's a Mexican citizen."

Do you mean like John McCain? Should we extradite him back to Central America?

  • 22 votes
#1.18 - Thu May 31, 2012 2:15 PM EDT

robbopaloobop

Can someone please explain to me how come these illegal immigrants are so brilliant that they can be salutatorians and valedictorians of their high schools....thank you American Taxpayers for the free education

It's not like she's going back to Mexico to live in turmoil, most likely she will contribute to this country. I'd rather have these valedictorian immigrants than American glue-sniffing high school dropouts any day. By the way, I'm against illegal immigration, but she has more to offer this country than most people here, especially hate-spewers like you!

...how come they can't follow the rules?

Read the article! It's the whole reason why she is stuck in Mexico!

  • 28 votes
#1.19 - Thu May 31, 2012 2:17 PM EDT

@mailman..your comment is wrong with the B part.

“Natural Born Citizen” was defined as children born of two U.S. citizens – regardless of the location of the birth..or born in the USA.

Both parents had to be US citizens when she was born in Mexico.

  • 9 votes
#1.20 - Thu May 31, 2012 2:21 PM EDT

Shouldn't we be helping all the these less fortunate countries improve themselves, easy, lets send back all of these highly educated illegal (sorry undocumented ) students back to their countries of origin and see if they can make their countries better.

We can call it Global Outreach Helping Others Make Economies. or GO HOME

Also on the whole natural born citizen part, her and her whole family came here illegally, years later her uncle through military service became a citizen, he then sponsored his brother, her dad, her mother was not able to get her citizenship and is back in her country. The girl because she was a minor was able to stay here with her now legal father until she turn 18+ 180 days, she then had to be out of the country to apply for citizenship but was here to long and missed out.

  • 16 votes
#1.21 - Thu May 31, 2012 2:23 PM EDT

Brad Pitt and Angelina Jolie wanted two of their children born in Paris France and they did.

Both of those children are natural born citizens of the USA.

  • 8 votes
#1.22 - Thu May 31, 2012 2:30 PM EDT
Comment author avatarGIL-2076580Expand Comment Comment collapsed by the community

Could this just be about a bunch of dim-witted Republicans being oh, so jealous of a very intelligent Spanish woman of Mexican heritage?

  • 12 votes
#1.23 - Thu May 31, 2012 2:54 PM EDT

There's a lot of bad information being thrown around, and I'd just like to clarify, a child does not have to be born within the US to be a citizen. For instance, my niece was born in Germany while my brother was stationed there with his wife, and she is a US citizen. I think the key thing is that foreign born children of two US citizen parents are considered US citizens.

  • 10 votes
#1.24 - Thu May 31, 2012 3:04 PM EDT
Comment author avatarcommonsensedude-1080861Expand Comment Comment collapsed by the community

Or maybe just a wetback?

  • 5 votes
#1.25 - Thu May 31, 2012 3:05 PM EDT

Elizabeth Olivas, who came to the U.S. illegally at age 4, went to Mexico to get a green card or visa to fulfill requirements of U.S. law and has not been allowed to return since she missed the deadline by a day.

I don't understand what the problem is?

  • 12 votes
#1.26 - Thu May 31, 2012 3:20 PM EDT

This is nothing more than, wait your turn in line. If she had done this last summer, she would not still be waiting in line... They said 2-3 months wait. Live and learn. I feel for her, but she did this to herself. She should had known she wouldn't get to skip to the front of the line.

  • 10 votes
#1.27 - Thu May 31, 2012 3:21 PM EDT

You know, in reading the article, the most impressive thing is the girl's attitude about it all. Doesn't seem like she is whining or complaining, but taking each development as it comes and dealing with it positively. I have no doubt that she will be FINE if she is not allowed to speak at graduation, and will definitely learn from this. She seems smart and well adjusted and her sense of worth does not seem to be tied up in her recognition and being able to speak. I am sure she knows now that she shouldn't have waited until the last minute. Sometimes life's best lessons are the hardest. I have nothing but respect for this girl and her attitude after reading the article.... Her attorney, less so.

  • 15 votes
#1.28 - Thu May 31, 2012 3:25 PM EDT
Comment author avatarpugface-3520663Expand Comment Comment collapsed by the community

Way to go, Gil-2076580, you had to be the one to somehow blame this girl's screw-up on "dim-witted Republicans". Was that the most intelligent comment you could come up with?

I hope they keep her down there until after the election so she can't vote illegally for 0'Bummer.

  • 7 votes
#1.29 - Thu May 31, 2012 3:28 PM EDT
Comment author avatarrobbopaloobopExpand Comment Comment collapsed by the community

what_the_81

robbopaloobop

Can someone please explain to me how come these illegal immigrants are so brilliant that they can be salutatorians and valedictorians of their high schools....thank you American Taxpayers for the free education

It's not like she's going back to Mexico to live in turmoil, most likely she will contribute to this country. I'd rather have these valedictorian immigrants than American glue-sniffing high school dropouts any day.

I agree....she should contribute to this country. I say we start by billing her family for the free education she received while she was here illegally

and who cares if she's valedictorian? Last time I checked the drop out rate for the typical hispanic high school student was off the charts.

She, on the other hand, looks as if she belongs to the Mexican upper class. I'm sure she will be a productive - and privileged - member of society back home

  • 10 votes
#1.30 - Thu May 31, 2012 3:30 PM EDT

Stupid story, we all have to make our deadlines, I can't tell the credit card company "sorry, leap day happened so I am not going to pay my bill on time" Also, it has nothing to do with immigration or race.

  • 14 votes
#1.31 - Thu May 31, 2012 3:32 PM EDT

Also, how is not reading the calendar right the calendar's fault. It isn't like they snuck leap day in there at the last minute.

  • 13 votes
#1.32 - Thu May 31, 2012 3:35 PM EDT

With something so important, what kind of idiot would wait for the very last day? It sounds like she may have a malpractice suit against her attorney, but otherwise it's just too damned bad.

  • 8 votes
#1.33 - Thu May 31, 2012 4:01 PM EDT
  • How did the FATHER get citizenship, or was he an American citizen to begin with ?
  • What is the status of the MOTHER ?
  • Why did the family wait so long to take care of this problem ?
  • Why didn't Elizabeth do some research on this issue ?

My GOD. Try reading the ever-@!$%#ing article. These folks had done their homework.

With something so important, what kind of idiot would wait for the very last day

It looks like as usual 90% of the Internet does not actually read the Internet. These querulous and STUPID questions are ALL answered in the ARTICLE, but you do have to have BASIC ENGLISH COMPREHENSION to find them.

  • 15 votes
#1.34 - Thu May 31, 2012 4:10 PM EDT

She waits till the last possible day and now wants to get cuts in front of all the others who took the time to do things the right way. I say she wait her turn.

I'd also like to know how this would be a medical hardship on her father. Because he has diabetes and high blood pressure? Give me a break. Half the country has that. Judging by the picture, it looks like they're trying to get her past the system on looks.

ITS OUR FAULT! If the girl has an American father, she is then a natural born citizen..she should be accepted back in and given full citizenship status. Im sorry for the racists that dont like that, but thats the LAW!

A racist calling everyone else racist. Typical racist rant!

  • 8 votes
#1.35 - Thu May 31, 2012 4:11 PM EDT

skinmeister you are wrong. if you were correct alot if military children would not be US citizens. unless your parents were not married at the time of your birth,You are a US citizen if one of your parents is a citizen. the article does not state if her parents were married at the time of her birth so we don"t know if that is the case.

  • 6 votes
#1.36 - Thu May 31, 2012 4:50 PM EDT

She is a good student who happens to be attractive, should that be held against her GLC? She wants to return to graduate, and honestly I do not see why people are so upset about them allowing it.

  • 5 votes
#1.37 - Thu May 31, 2012 5:10 PM EDT

Romney's dad was born in Mexico, but since both his parents were American citizens -- and the law requires at least one of them to be -- then George Romney was considered an American citizen. More than adequate for him to have been governor or Michigan.

But George was not a natural born American though. He ran into that one when he tried to run for the Republican nomination against Nixon in '68. I wonder why he didn't understand he was ineligible to be president?

  • 5 votes
#1.38 - Thu May 31, 2012 5:26 PM EDT

The misinformation here is ridiculous. How can so many people not know our own laws regarding passing on citizenship?!?!?

a) born on US soil (unless born to a diplomat)

b) born outside US, to a US citizen that has lived on US soil for at least 5 years after the age of 14.

c) then there's the whole foreign military base situation

Hence, if I moved to the UK, and had a child there, my child would be a US citizen at birth, even though my husband is not a native-US citizen (although in our case, he is naturalized). Thus, making my child a natural born US citizen at birth and eligible to be POTUS, despite being born overseas.

  • 15 votes
#1.39 - Thu May 31, 2012 5:46 PM EDT
Comment author avatarHOTTICKET-2304234Expand Comment Comment collapsed by the community

Good. Hope she stays in Mexico. For good.

And no, she is NOT all that hot looking. Sorry.

  • 10 votes
#1.40 - Thu May 31, 2012 6:20 PM EDT

Once again do any of you idiots read the article or just see the word immigration and get on here to bitch. They purposely waited till the last min because there is no set time frame as to when your paper work gets processed so they didn’t want her to have to wait longer than she did because for all they know she could be there for months or even years. It is not like you can just get it done over the summer (like some dummy said). My brother-in-law just went through the process and it took 6 months and he got off easy. Also her father is a citizen, and she was 4 when she was brought here, not a hell of a lot a 4yr old can do about that. Plus I would rather have her here any day then the retarded people who can’t read an article and retain any information. Let’s send some of you over there and make you EARN your citizenship since you guys are right we make it way to easy, all you had to do was be born here.

  • 17 votes
#1.41 - Thu May 31, 2012 7:01 PM EDT

...how come they can't follow the rules?

She did, for 18 years and 180 days. She tried to follow the rules after that but messed up by one day due to the leap year miscalculation. Her illegal stay amounted to one single day. No mater how some of you folks don't like it her stay before that was legal. Get over it.

  • 17 votes
#1.42 - Thu May 31, 2012 7:01 PM EDT

Did anyone else pick up on the fact that she's been here since the age of 4 and now is graduating...assuming 17-18. Why hasn't she became a citizen of the US? Am I missing something?

  • 8 votes
#1.43 - Thu May 31, 2012 7:08 PM EDT

KyEngineer, it's a little more complicated than that and the rules were changed for people born after November 14, 1986, which means the new rules apply to this young woman.

She could have and should have become a U.S. citizen a long time ago, and it would have been rather easy in her case.

The only reason she was not automatically a U.S. citizen at birth and not an illegal alien at all is because her parents were not married when she was born, and the one who was a U.S. citizen was her father rather than her mother.

Children born outside the U.S. after November 14, 1986 and who have at least one parent that is a U.S. citizen are also U.S. citizens if all of the following are true:

  1. The person's parents were married at time of birth
  2. One of the person's parents was a U.S. citizen when the person in question was born
  3. The citizen parent lived at least five years in the United States before the child's birth
  4. A minimum of two of these five years in the United States were after the citizen parent's 14th birthday.

For children born out of wedlock, the child is still automatically a U.S. citizen if:

  1. the mother was a U.S. citizen at the time of the person’s birth and
  2. the mother was physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the person’s birth.

In the case of a citizen father, as in this young woman's case, citizenship is not automatic but must be applied for. From the U.S. State Department website:

"A person born abroad out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship under Section 301(g) of the INA, as made applicable by the “new” Section 309(a) of the INA provided:

  1. A blood relationship between the person and the father is established by clear and convincing evidence;
  2. The father had the nationality of the United States at the time of the person’s birth;
  3. The father was physically present in the United States or its outlying possessions prior to the child’s birth for five years, at least two of which were after reaching the age of 14.
  4. The father (unless deceased) has agreed in writing to provide financial support for the person until the person reaches the age of 18 years, and
  5. While the person is under the age of 18 years --
    • the person is legitimated under the law of his/her residence or domicile,
    • the father acknowledges paternity of the person in writing under oath, or
    • the paternity of the person is established by adjudication of a competent court."

Regarding "natural born citizen", it is not defined in the Constitution and has never been decided by the courts. It is generally assumed to mean any citizen other than naturalized citizens, and the question only has relevance to citizens who want to become either President or Vice President.

George Romney's "natural born" status was questioned during the 1968 primaries, but never decided by a court. Legal scholars say it is unlikely he would have been ruled ineligible to be President.

Another interesting case was President Chester Arthur, who was born in Canada to a U.S. citizen mother, but whose Irish father was not a U.S. citizen. That was the closest we ever came to a serious "birther" controversy until all this nonsense about Obama's birth certificate came up -- and of course, Chester Arthur was in fact allowed to become president after winning the election.

  • 10 votes
#1.44 - Thu May 31, 2012 7:21 PM EDT

Ed McT said:

With something so important, what kind of idiot would wait for the very last day?

Lots of reasons that i can see.

1) Stay as long as possible with a father who suffers from various medical ailments and whiom she will miss terribly because she has no idea how long it's going to take for her paperwork to be processed.

2) Stay as long as possible in a place where she's safe because you never know what's going to happen in Mexico--she could be caught in a crossfire and get shot while she's there.

3) Stay as long as possible to take advantage of every last day in school she can--if you miss more than x number of days in school no matter what her GPA is she might not be able to graduate! A high school diploma is an essential step toward a future that doesn't involve drugs, gangs, and eighteen babies, whether in the US or Mexico.

Come on, people, before you judge her, think about her situation and think what you would have done in her place. Wouldn't you have stayed until the last possible second to avoid being sent to Mexico?

  • 9 votes
#1.45 - Thu May 31, 2012 8:46 PM EDT

azdad said:

Regarding "natural born citizen", it is not defined in the Constitution and has never been decided by the courts. It is generally assumed to mean any citizen other than naturalized citizens, and the question only has relevance to citizens who want to become either President or Vice President.

I'll have to disagree with you that this question only has relevance to someone wanting to be President.

I don't know if you saw this or not, but an American citizen living in the Middle East (job) picked sperm from a donor bank and an egg from a donor bank and had the result implanted in her body. She gave birth, and both she and her lawyer assumed that since they were born from her body, they would be considered her 'natural born children'.

The twins are now about two (I think that's what the article said) and the US refuses to grant them citizenship because even though an American citizen gave birth to them and is considered their mother--carried them for nine months, gave birth to them, etc--the citizenship of the donors is not known so she's been told she has to go through the process of 'bringing two abandoned infants to the US for purposes of adoption'--about $11k each.

    #1.46 - Thu May 31, 2012 8:58 PM EDT

    Amanda, are you sure she met both criteria? The first one is easy, was she a U.S. citizen? Yes. The second one might be something ICE would challenge -- was she "physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the person’s birth."? Maybe, maybe not.

    As far as the letter of the law, it shouldn't matter what the citizenship of the donors is. For that matter, she could say she has no idea who the father of her children is, but if there's a birth certificate that says she gave birth to them and she also meets the criteria of living in the U.S. continuously for a year before giving birth, then it should be a no-brainer. It's absurd that the U.S. government should treat an American citizen's biological children as "abandoned infants" and require adoption. There must be more to that story.

      #1.47 - Thu May 31, 2012 9:30 PM EDT

      Actually,

      The issue was that she had 180 days after her 18th birthday to return to Mexico to apply for either a green card or student visa to return to the US. Normally, with a US citizen immediate family member in the US, this would be fast-tracked under current and proposed rules. Once back in the US, she could the pursue her further education AND citizenship. However, calculating the 180 day date from her birthdate using most (75%) of day planners would be incorrect, by one day late as she was. Leap year causes no end of grief in legal proceedings, payrolls, and age-based issues for those actually born on Feb. 29.

      BTW, any normal travel delay from Indiana to Mexico, would have also made her late, including potential backups at the airport, TSA, weather, mechanical problems with the plane or with immigration. of at least 16 trips to Monterrey, I was delayed twice. To be sure, she should have left a day earlier. But, her travel went smoothly, just not the calendar skills.

      • 2 votes
      #1.48 - Thu May 31, 2012 10:53 PM EDT

      What a sorry lot we have let ourselves become. We can battle over laws, regarding immigration, for what purpose? Latinos have been a vibrant part of our culture for many decades and we should try to help our neighbors, not draw lines in the sand. I've never been able to get a single person that could honestly admit that they lost their job to a Latino. This young lady didn't pack her bags and cross some border. She's been here since she was 4 y/o, a model for others--and you want to boot her ass to prove what?

      Our industrialists flooded Mexico with jobs in manufacturing after NAFTA was ratified. The jobs paid more that these people ever imagined making. Then, the industrialists moved to jobs to Malaysia, India, etc. Cities like Monterey thrived and they were clean and low crime. Now, there is no hope of ever making a decent living there. Kick some lazy ass politicians, SC Judges, and lobbyists out and let the Latinos come.

      • 4 votes
      #1.49 - Thu May 31, 2012 11:11 PM EDT

      Did anyone else pick up on the fact that she's been here since the age of 4 and now is graduating...assuming 17-18. Why hasn't she became a citizen of the US? Am I missing something?

      You're missing about the entire article. Perhaps you should actually read it.

      • 2 votes
      #1.50 - Thu May 31, 2012 11:29 PM EDT
      Comment author avatarfloyd-1128183Expand Comment Comment collapsed by the community

      I am just so happy that we have been able to give another criminal illegal invader's child a free education. I am sure that we have also been blessed to be able to help support her with food stamps and welfare as a single parent was raising her. Our country has shown its compassion by going out of our way to move her to the front of the line so she can finish her free education, while there are those that wait legally to enter.

      I am so proud of my country for not forcing these criminals to obey the law, all while making sure that legal citizens pay for all the benifits that she has been given free of charge. It often makes me wonder why we even have borders. It is certainly not to keep these people out. Maybe its just to keep the legal ones locked up inside. I know my country is just protecting us from being unfairly treated by the Mexican government as they would put me in prison for 4 to 6 years for illegally crossing their border. Thank you Uncle Sam!

      • 5 votes
      #1.51 - Fri Jun 1, 2012 12:09 AM EDT

      She's not a criminal if she was four years old at the time when she came here. Her father is a U.S. citizen. She had lots of good reasons to put it off. She's a smart and intellegent girl. And nice to assume the family was using welfare when there are no facts to be provided about it. No crime committed and everything worked out. The end. Now she can start her next novel of college life.

      • 5 votes
      #1.52 - Fri Jun 1, 2012 1:00 AM EDT
      Comment author avatarfloyd-1128183Expand Comment Comment collapsed by the community

      No, she is the child of criminals that overstayed their visas. Her parents kept her here illegally till one of them could scam the system to become legal many years later. Luckily her criminal mother was trapped back in her home country where they all belong. We, the american people have paid for her education, even while we stuggle to pay for legal children to have one. I know many illegals, and every single one of them scams our social services, so congrats if they are the .01% that doesn't.

      Now she can go on to college, and take up a spot that a legal citizen could have had. Oh how wonderful!!

      Each case taken by themselves doesn't seem so bad, but when you multiply them by 20 million, it starts to be a serious problem. Pull your head out of the sand, and quit supporting these criminals. Its blind bleeding hearts like you that perpetuate this problem.

      • 7 votes
      #1.53 - Fri Jun 1, 2012 1:22 AM EDT

      It's a sad comment on the poor quality of our education system when so many of our citizens are so clueless about the law, or incapable of even looking it up before making uninformed comments.

      • 5 votes
      #1.54 - Fri Jun 1, 2012 1:33 AM EDT

      And your point is azdad? What part of the law are you speaking about?

      • 2 votes
      #1.55 - Fri Jun 1, 2012 1:46 AM EDT

      Everything worked out in the end. She got her visa and she's allowed to graduate and her teachers let her complete her homework while she was in Mexico. And there is no mention of the mother, she could have long since died for all we know, since it wasn't stated in the artcle. Her father is a legal U.S. citizen, so she was allowed here and obviously able to get her education. Everything is in order and there is no crime. The only problem I see is misguidance of the attorney. They're supposed to know the rules and laws and give guidance for their clients, since they went to school for it! I don't think a child who wants their education should miss so many days of high school. If they turn 18 while still in high school, I don't see why we can't let them finish up their school year first so they don't have to miss so many days/weeks. It's not her fault that she was born and put in a situation that unfortunately had to esculate to this. But as I said, it all worked out and there is no crime. Her teachers were supportive of her and let her have the decency of completely her assignments while she was away so that she can graduate high school, even though she probably missed more days than was allowed. She has a 3.9 gpa. There are plenty of legal U.S. residents who slack off and don't give a care about her life. At least she applies herself and has goals in life other than sitting around smoking pot all day.

      • 2 votes
      #1.56 - Fri Jun 1, 2012 2:20 AM EDT

      She should have to go through the same process everyone else does. Just like Rupert Murdoch, who bought his citizenship.

      Thats what U.S. citizenship means to me, it just another piece of paper you can buy.

      • 2 votes
      #1.57 - Fri Jun 1, 2012 2:41 AM EDT

      azdad said:

      Amanda, are you sure she met both criteria? The first one is easy, was she a U.S. citizen? Yes. The second one might be something ICE would challenge -- was she "physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the person’s birth."? Maybe, maybe not.

      As far as the letter of the law, it shouldn't matter what the citizenship of the donors is. For that matter, she could say she has no idea who the father of her children is, but if there's a birth certificate that says she gave birth to them and she also meets the criteria of living in the U.S. continuously for a year before giving birth, then it should be a no-brainer. It's absurd that the U.S. government should treat an American citizen's biological children as "abandoned infants" and require adoption. There must be more to that story.

      She moved to the Middle East for a job, so she must have lived here at least 18 years--at least until she was old enough to get a job. The article, I believe, said she's in her mid-thirties. The two twin girls do have birth ceertificates that say she gave birth to them, but the US doesn't consider them her 'biological children' because she is not biologically their mother--the genetic material that contributed to them didn't come from her. Her lawyer says the laws haven't caught up with the technology, and she honestly never thought it would be a problem since the jus sanguinis laws specify natural-born children and there is a record of their birth.

      There might be more on it now since the story came out a while back. Try a google search. Her name is Ellie Lavi and she's currently in Israel, and USCIS told her if she wants the kids to have US citizenship, she'll have to come back to the US for six months, pay the money to file the paperwork, wait for it to be approved (we all know how long that could take!) before being able to move back for her job, she argues that they should have citizenship through her, and in the meantime the two girls are 'stateless' because I think Israel is one of those countries that don't allow dual citizenship and they won't give the girls Israeli citizenship until they know the US won't.

        #1.58 - Fri Jun 1, 2012 7:07 AM EDT

        Dem in texas said:

        Thats what U.S. citizenship means to me, it just another piece of paper you can buy.

        Essentially you're right. The average cost to get that naturalization certificate for the US runs about $6000 from visa all the way through naturalization--have you seen USCIS fees lately? It can cost up to $1100 just to file a sheet of paper! And foreign investors can come, buy property and get a visa to go with it.

        But that's also the same with other countries. Pay the money the government of that country requests for the purpose of being considered a citizen of that country, wait until they process the paperwork, get approved. So yes, money buys citizenship. Basic fact.

        It's the benefits to US citizenship, the rights, freedoms, protections that make US citizenship worth so much more than, say, citizenship to North Korea.

          #1.59 - Fri Jun 1, 2012 7:14 AM EDT

          You do know that her family and friends can read this including herself....? We all talk about cyber bullying, yet you all seem to do it right now. Way to be a role model for your kids. I know it's easier to make cruel comments on the internet because it's anonymous but I mean c'mon this can really send a kid over the edge. Imagine if all of these comments were directed at your kid. And don't tell me any of you have NEVER made a mistake. Plus it was her lawyer.

          With Immigration, it's very easy to make a silly mistake on the paperwork and be severely punished for it. My grandmother has been banned for a year after making a silly mistake on an application to renew her visa. We're not complaining as it was her fault the same way that in this article it was also their fault as well. Yet the lack of compassion is striking and sad. We should focus on the one's that commit REAL crime. Not those who forget it's leap year...

          And Amanda you're right. It has cost my family about $16,000 to become citizens. It's the way it is, but we came over because my dad was relocated. Most come over as a last resort. Where are those kind of people going to get that kind of money if that's their problem to begin with? I'm not justifying it, but this sounds like a vicious cycle.

          • 3 votes
          #1.60 - Fri Jun 1, 2012 11:19 AM EDT

          So did Olivas cross the Rio Grande on time?

          She better have a green card handy. Otherwise back she goes...

          • 3 votes
          #1.61 - Fri Jun 1, 2012 11:45 AM EDT

          notthatyoucare said:

          Where are those kind of people going to get that kind of money if that's their problem to begin with? I'm not justifying it, but this sounds like a vicious cycle.

          Exactly! See the below from an associated press interview with Rachel Wilson, an immigration attorney in Tucson AZ (I can't get the link to stick):

          "Out there, there is this perception that there is a process you can easily go through to become legal, but let's say you're Mexican as an example, since most of the immigrants in Tucson are from Mexico. You decide you want to move to the U.S. for economic opportunity, but if you don't have any family members here ... that will sponsor a visa for you, there is no way for them to come legally to the U.S. If a person wants a work visa in the U.S., and eventually to become a citizen, it's easier if they have a relative in the country who has legal status and can file a petition on their behalf. In those instances there are lines of people waiting -- a wait that can go from a period of a few years to sometimes almost a decade."

          Mexico happens to be the most backlogged of all the countries. For example, next month the State Department will look at petitions of brothers and sisters of adult citizens that were filed in January 1994. "Let's say you're Mexican and you have a brother or sister in the United States who petitions for you. Here we are in 2010, and they are processing petitions that were filed in 1994. So that's a wait of 16 years," Wilson says.

          If you needed a social security card to wok and it took 16 years to get you'd be working undocumented too, because you have to have money to live while you're waiting for ICE to get to your paperwork. That's the difference bewteen undocumenteds and illegals. Illegals are the ones who are undocumented AND have actually committed a crime; undocumenteds are here legally but ICE just hasn't gotten around to their paperwork yet, or they have lost or misplaced it in the 16 year wait time. To then penalize these people by incarceration and deportation when they are here legally would be unconstitutional--it's not fair to penalize someone for someone else's, or in this case, a government agency's, mistake.

          The average person in Mexico makes $6000 US dollars a year. Currently, just to file the application to enter the country costs $1100 USD and the actual road to being abe to work here legally runs about $5200 dollars after filing fees, fingerprint fees, processing fees, application fees. Would the average American be able to save their entire paycheck for one year? For most of us the answer would be no, because you still have things like rent, groceries, transportation, clothing and incidental expenses.

          And many of them know that they can file the papers legally and do everything right, and the government will sit and sit and sit on their applications until time expires. Once their time expires ICE is pretty quick to show up, confiscate all their material possessions and deport them.

          If you needed a social security card to wok and it took 16 years to get you'd be working undocumented too, because you have to have money to live while you're waiting for ICE to get to your paperwork.

          (That's the difference between undocumenteds and illegals. Illegals are the ones who are undocumented AND have actually committed a crime; undocumenteds are here legally but ICE just hasn't gotten around to their paperwork yet, or they have lost or misplaced it in the 16 year wait time. To then penalize these people by incarceration and deportation when they are here legally would be unconstitutional--it's not fair to penalize someone for someone else's, or in this case, a government agency's, mistake.)

          Why pay USCIS an entire year's income to come here legally when they will just take your money and your application, give you an ITIN number to file taxes and work, then sit on your application until time runs out and ICE takes everything you worked for, all you money and stuff, if you have children while you're here they will take them away from you too, and put you back right where you started?

          Then you have the money racket.

          ICE asks Congress for $1.7 billion a year to detain and deport 'illegal' immigrants. What they aren't telling you is that over half of the people they've detained aren't even here illegally; ICE lost or mishandled their paperwork. See this below clip from an Associated Press article:

          An official Immigration and Customs Enforcement database, obtained under the Freedom of Information Act, showed a U.S. detainee population of exactly 32,000 on the evening of Jan. 25.

          The data show that 18,690 immigrants had no criminal conviction, not even for illegal entry or low-level crimes like trespassing. Substantial numbers of detainees, from 177 countries in the data provided, are not illegal immigrants at all. Many of the longest-term non-criminal detainees are asylum seekers fighting to stay here because they fear being killed in their home country. Others are longtime residents who may be eligible to stay under other criteria, or whose applications for permanent residency were lost or mishandled, the lawyers say.

          Based on the amount budgeted for this fiscal year, U.S. taxpayers will pay about $141 a night -- the equivalent of a decent hotel room -- for each immigrant detained, even though paroling them on ankle monitors -- at a budgeted average daily cost of $13 -- has an almost perfect compliance rate, according to ICE's own stats.

          So if you take those figures and do some basic math 18,690 people x $51.465 ($141 per night times 365 nights)--if ICE were to release these legal immigrants on electronic monitoring (remember these people are here legally, can work legally and pay taxes under ITIN numbers) ICE would have to take $948,704,400 off their budget request because those working legal undocumenteds would basically be paying for their own monitoring out of their paychecks.

          Then you look at the private, for profit-prison system which has been booming in recent years and you see the racket--ICE/DHS gets $51,465 per year for each person detained. The profit prison will hold these detainees for $98 a night--$35,770 a year. So that leaves $15,695 that ICE/DHS gets to keep, and while the private prison cuts corners and maximizes their profit by hiring from the bottom of the ladder, keeping detainees in substandard facilities and turning a blind eye to physical and sexual abuse, ICE adds the $15k to their budget, plus the rest of what Congress gives them for the rest of their annual budget, plus the houses/possessions/property, cars, and bank accounts that ICE confiscates when the detainees are sent to deportation camps. (it's considered civil asset forfeiture)

          And then the private prison industry pours money into lobbyists and keep pushing the image of immigrants as thieves and lowlifes who only at to take advantage and don't want to work, to manipulate public opinion to pressure lawmakers into passing more restrictive laws, all to keep their persons full and money I their pockets. In 1994, there were 8,000 illegals in the detention system and hey were all referred through the criminal justice system. Today ICE/DHS has enough budgeted for 33,000 people on any given day.

          I may be wrong. I hope I am. I hope it's just a conspiracy theory. But it's hard to ignore the possibility of it being true when you hear stories like this one:

          More than two months after the earthquake that devastated Haiti, at least 30 survivors who were waved onto planes by Marines in the chaotic aftermath are prisoners of the United States immigration system, locked up since their arrival in detention centers in Florida.

          In Haiti, some were pulled from the rubble, their legal advocates say. Some lost parents, siblings or children. Many were seeking food, safety or medical care at the Port-au-Prince airport when terrifying aftershocks prompted hasty evacuations by military transports, with no time for immigration processing. None have criminal histories.

          But when they landed in the United States without visas, they were taken into custody by immigration authorities and held for deportation, even though deportations to Haiti have been suspended indefinitely since the earthquake. Legal advocates who stumbled on the survivors in February at the Broward County Transitional Center, a privately operated immigration jail in Pompano Beach, Fla., have tried for weeks to persuade government officials to release them to citizen relatives who are eager to take them in, letters and affidavits show.

          And of course, in situations like this, the ones who are hurt the most are children:

          Undocumented unaccompanied minors (UAMs) are detained in the US often after crossing the US–Mexican border, or after being caught in ICE interior raids. There are 400 UAM cases detained each year in Miami alone and around 8,000 UAMs detained nationally, mostly in Texas and Arizona. The average age is 15-17 years with many children from Guatemala, Honduras and elsewhere in Central America.
          While there have been significant changes in the treatment and care of UAMs since 2002, and the introduction of the Office of Refugee Resettlement (ORR) who are now responsible for UAMs, ongoing concerns remain, including:
          · In Miami, UAMs detained by ICE, are then handed over to ORR, who detain the child in 1 of 3 detention centres or shelters in Miami. The responsibility for running these centres is sub-contracted.
          · Children who have not committed any crime may also be in placed in secure and staff-secure facilities, normally used for criminal juvenile detention cases.
          · While welfare and healthcare for UAMs have improved since the introduction of ORR, there were cases noted of children not receiving adequate health or welfare assistance and high levels of isolation, psychological trauma and mental health issues, including self-harm attempts.
          · Information disclosed by children who have received medical care and counseling may be given to ICE and may be used against them in their legal case to remain in the country.
          · The average time of detention is 50 days, with cases of up to 2 years. The IDC met a boy who had been detained for more than 3 years since the age of 14, moved between 5 detention centres in 4 states, including a juvenile criminal centre where he experienced assault from a guard, with extended periods without legal counsel.
          · While ORR are required in the first instance to look for alternative arrangements for UAMs, this often does not occur, particularly with release options limited to the few foster-care places available or in finding a sponsor willing to take on guardianship. Relatives often won’t come forward or visit, as they fear detention and deportation, placing children under high pressure not to disclose or contact their undocumented family members.
          · About 60% of children do get reunited, and there is some foster-care for very young children, usually under 12 years of age, however the youngest child the IDC observed was a 6 year old boy on his own, and a 5 years old girl detained in BoysTown, together with her older sister.
          · UAM children in the USA are not appointed council, and an estimated 50- 70% of UAM children are not represented throughout the country.

          Child Deportations:
          US law states that children must be escorted during deportations, and not removed together with adults, and females escorted only by females, however there have been numerous reports that this does not always occur, with children being left in the country of return with limited support and handovers to child authorities in UAM cases not occurring.

          There have been concerns raised that families are being separated during the deportation process, pregnant women who have been raided, detained, chained and subsequently deported and mothers not knowing where their children were deported to.

          I've been in a deportation camp. I know what it's like. To place a child as young as 5 in a situation like this where they feel their only option is suicide is to me the worst thing about our immigration laws.

          • 1 vote
          #1.62 - Fri Jun 1, 2012 1:07 PM EDT
          Reply
          Comment author avatarReading5x5Expand Comment Comment collapsed by the community

          The Catholic Church needs to start excommunicating the criminals (parents, aunts, uncles, whatever) who traffick their kids into the US so they can steal more resources from the American poor.

          • 14 votes
          Reply#2 - Thu May 31, 2012 12:32 PM EDT
          Comment author avatarToasty McGrathExpand Comment Comment collapsed by the community

          Your racism's showing; there was nothing illegal about this young woman's arrangement.

          • 11 votes
          #2.1 - Thu May 31, 2012 12:47 PM EDT

          Reading, are you kidding? The Catholic Church is giving sanctuary to the illegals. Bill O'Reilly, who is a very devout Catholic, told us why: Because the Hispanics will tend to become conservative Catholic voters.

          • 7 votes
          #2.2 - Thu May 31, 2012 1:02 PM EDT

          agreed

          • 2 votes
          #2.3 - Thu May 31, 2012 1:10 PM EDT

          Bill O'Reilly said that? Well, what more do you need - a pillar of unbiased truth and knowledge...

          • 4 votes
          #2.4 - Thu May 31, 2012 1:29 PM EDT

          Cassandra-854239.....

          Please provide details to the posters on where you obtained the information in your post #2.2.

            #2.5 - Thu May 31, 2012 1:39 PM EDT

            Well, the poster has a point about America having it's OWN poor, low income etc.. to build jobs for a give resources to. We can't house half the population of Mexico along with the citizens we already have. It has to stop somwehere and like right NOW!! We can't fix all the worlds problems and were not "fixing" MExico's by taking in their citizens!!! The American government needs to enforce immigration laws just like Mexico does. Mexico's immigrations laws are MUCH MUCH tougher than ours and they enforce them. Look it up!!!! There are plenty of ways America and Americans can help mexican citizens in their own country. Also by stopping providing resources and college education to illegals Mexico will hav eto at some point address their own issues and citizens. America stood up to their oppressers and fought for freedom. MExican citizens can too!!!

            • 1 vote
            #2.6 - Thu May 31, 2012 10:31 PM EDT
            Reply

            Too bad. Her family chose to wait until the 'last minute' to get her visa. Their bad decision is their own fault.

            • 30 votes
            Reply#3 - Thu May 31, 2012 12:32 PM EDT

            I guess a 3.9 isn't good enough or make you smart enough to figure out, 28 days has February except leap year then it has 29. Maybe if she had a 4.0 she could have figured it out. With that said, really who's fault is it.

            • 22 votes
            #3.1 - Thu May 31, 2012 1:01 PM EDT

            Never wait till the last day or last anything to get something important done.....if you know it needs to happen, then don't delay, make it happen.....that's the hard learned lesson for this naive 3.9 GPA student....these lessons should be taught at home by your smarter and more experienced parents, but obviously wasn't in this case....so the Dad has plenty of money to pay for lawyers, but not a lot of common sense to think ahead of time.....sorry for the kid, the problem is with the parent.

            • 10 votes
            #3.2 - Thu May 31, 2012 1:09 PM EDT

            It's a first world problem and terribly irrelevant for the front page of any news organization.

            • 2 votes
            #3.3 - Thu May 31, 2012 1:26 PM EDT

            Only third world problems should be on the front page? That makes no sense. Also, immigration is hardly a first world problem, which is more like the cable being out or burning the microwave popcorn.

            • 5 votes
            #3.4 - Thu May 31, 2012 1:31 PM EDT

            The issue is like the Mexican drug war problem: the drug war and death in Mexico goes away when Americans stop buying drugs. Simple.

            For illegal immigration, strictly enforce immigration rules on farmers and corporations and overnight there won't be illegal immigration.

            People would just have to pay 50% more for food, but that's a small price for the sanctity of our country's borders, right?

            • 2 votes
            #3.5 - Thu May 31, 2012 2:18 PM EDT

            I don't think 50% more for food is a small price to pay, I think they need a program that allows mexican people to come over to work in immigration and then return home. Sometimes I think there are conservatives that just hate for the sake of hating.

            • 3 votes
            #3.6 - Thu May 31, 2012 5:09 PM EDT

            So Mexico's problems are all caused by Americans buying their drugs? What a load of bull@!$%#!!!!!

            • 1 vote
            #3.7 - Thu May 31, 2012 10:35 PM EDT

            MonkeyKeyboard and Jan,

            Talk to the vegetable and fruit farmers first, and then realize food prices for hand-picked produce will quadruple (300% increase). Lettuce will be $6-8 per head, tomatoes $1-2 each, and that apple for teacher will cost $4-6. But McDonald's salads will still be the same price, made from all imported lettuce, tomatoes, carrot, cucumbers and so on; all exuding whatever herbicide, insecticide, or morning dew allowed in the country of origin and inspected by the USDA in the low-single digits. Another red and blue ambulance special at your local supermarket.

            skrewworld,

            Yes, US illegal drug buyers not only screw our economy by 10+%; but also asserts a proportionate 30-45% influence on Mexico's economy and society, the chief conduit/source of those drugs. They have corrupted the police, and seem to be willing to take on the military. Mexico could have raised its wages and living standards long ago, except the economic rulers, the US corporations, and the cartels wanted to suppress the economic power of the labor force. And yes, I have spent time in Mexico. In Monterrey, probably the most modern Mexican city dependent on real trade, both internal and international. And Cartel violence has chilled even that city, as large or larger than Chicago. Just like the mobs during Prohibition. And for all those calling for legalization, do you want a coked up train driver, a pilot who needs his fix because the flight was delayed, or a surgeon who had just had a really fine doobie?

              #3.8 - Thu May 31, 2012 11:26 PM EDT

              you know that might fly except for the fact that not all illegals are working the farms. in fact alot of stuff is automated and there are seasonal workers ( which used to get a seasonal visa to follow the harvest but they cut that out) and there are too many examples of illegal aliens working as housekeepers for over 20 and hour ( see prior articles about poor abused Nikki) and in factories making decent money and dont forget to stop by the construction sites where if you do not speak english they wont even hire you.

              And there are way too many unemployed americans. and you can prattle on and on about how americans wont do those jobs, but they do and will if that is all they can get to feed their families. And maybe stop paying farmers to not grow food. that would be a good thing.

              • 1 vote
              #3.9 - Fri Jun 1, 2012 1:38 AM EDT
              Reply
              Comment author avatarReading5x5Expand Comment Comment collapsed by the community

              I just saw a plea to Americans to send money to Africa to help feed their children. Do you think Mexicans care about them?

              • 7 votes
              Reply#4 - Thu May 31, 2012 12:35 PM EDT

              If there is anything you want to miss, an appointment with Immigration is the last on someone list. You just don't mess with INS.

              • 16 votes
              Reply#5 - Thu May 31, 2012 12:35 PM EDT

              You are correct. Making that speech is the least of her worries.

              • 9 votes
              #5.1 - Thu May 31, 2012 12:39 PM EDT

              You're spot on.....the INS, US Consulates, visa applications, interviews, the whole tourist and immigration system is stuck in a crazy non sensical slow motion downward spiral into nowhere, there's nothing sane or logical about it, they have rules to tell you how to read other rules, it's the most frustrating, bizarre, anger provoking experience I've ever been through, and the sad part about it is that it wasn't always this way, pre-911, pre-Bush, the system was far, far superior, almost believeable. People left US Consulates mostly with a smile on their face, now it's a trail of tears and bad emotions, no wonder why foreigners dislike and bad mouth America...we're not what nearly as great as we used to be.

              • 7 votes
              #5.2 - Thu May 31, 2012 1:16 PM EDT

              bkk, we just wish that the residents of those other countries disliked us enough to stay out.

              • 11 votes
              #5.3 - Thu May 31, 2012 1:21 PM EDT

              Cassandra-854239

              bkk, we just wish that the residents of those other countries disliked us enough to stay out.

              Too bad your ancestors didn't, otherwise we wouldn't have to deal with anti-immigrant hate-speech from people like you.

              • 11 votes
              #5.4 - Thu May 31, 2012 2:29 PM EDT

              Re: Your reply to Cassandra....I read and re-read. What hate speech are you talking about? Is it hate speech, racist, etc because you disagree with it?

              • 4 votes
              #5.5 - Thu May 31, 2012 3:29 PM EDT

              read it again

              • 3 votes
              #5.6 - Thu May 31, 2012 3:33 PM EDT

              @ SRScott

              Seriously? He was referring to Cassandra. And, I read her comment the same way as 81. Not sure who Cassandra is referring to when she says 'we'. All white people, her family, her neighborhood? It certainly doesn't mean U.S. Citizens.

              • 3 votes
              #5.7 - Thu May 31, 2012 3:51 PM EDT

              SRScott,

              So Cassandra is a Native American name? What_the_81 was saying is that she is the child of immigrants. And depending on the time frame, pre-Civil War, may not have been documented. And even during the days of Ellis Island, immigration would have only included proscriptions against Asians (primarily Chinese) and the ill. Many of these immigrants never officially sought US citizenship, it didn't matter. Their rights as residents were observed (for the most part) and their US-born children were citizens. Now, we import the ill or wounded either for charitable work or highly profitable care in private for-profit hospitals. And while the Chinese goverment probably agrees with limits on Chinese immigration, there seems to be little limit on Chinese student visas and Hi-b work visas.

              And finally, Cassandra, I dislike you. I am native-born, with a father who got a chest full of medals for three landings in the Pacific. I can trace my history back about 120 years and legal citizens all. And I think you ought to consider moving to somewhere that appreciates your view of immigration, like Iran or North Korea or Mianmar.

                #5.8 - Thu May 31, 2012 11:51 PM EDT
                Reply

                Why is MSNBC and CNN keep running these sob stories?

                No sympathy for liner jumper if they miss an appointment.

                • 21 votes
                #6 - Thu May 31, 2012 12:43 PM EDT
                Comment author avatarToasty McGrathExpand Comment Comment collapsed by the community

                Your racism's showing again, Tom. There was no "line jumping," this young woman is here legally.

                • 11 votes
                #6.1 - Thu May 31, 2012 12:48 PM EDT

                Not anymore. She needs her immigration visa.

                • 14 votes
                #6.2 - Thu May 31, 2012 12:52 PM EDT

                Actually Toasty according to the story she came here ILLEGALLY at the age of 4. I give her marks for trying to become legal but an F for missing the appointment. Like the other post said...."Making a speech is the least of her worries" Just another attempt to Game our System.............

                • 20 votes
                #6.3 - Thu May 31, 2012 12:55 PM EDT
                Comment author avatarMonkey@KeyboardExpand Comment Comment collapsed by the community

                Weary of the same ole DC: Must be lonely being so perfect.

                • 3 votes
                #6.4 - Thu May 31, 2012 1:03 PM EDT
                Comment author avatardiffernetExpand Comment Comment collapsed by the community

                Did you read the article? Here father's a US citizen. This is his kid. Surely, we can make an exception here. How would you feel if it were your kid? My kid was born in Germany. She doesn't get German citizenship because her parents were American. Come on.... Her dad is a citizen. She got here illegally, but geesh, her dad's a citizen.

                • 9 votes
                #6.5 - Thu May 31, 2012 1:03 PM EDT

                Toasty, no you are wrong. she came to the US when she was 4 so technically, she is an illegal. her father received his citizenship but NOT her.

                • 6 votes
                #6.6 - Thu May 31, 2012 1:14 PM EDT

                HER DAD IS THE CITIZEN not her, her mother is obviously still in mexico or she wouldnt be made to go back there and being born to an american citizen outside this country doesnt give you automatic rights to be an american ..Did you hear yourself differnet? you contradict yourself, how can your kid be an american just by your birth right??..YOU ARE A CITIZEN OF THE COUNTRY OF YOUR BIRTH!!..this is one of many reasons while this country is so F*d up today and is getting worse by the minute. TOO MANY non citizens of this country are using us to give birth to kids to get their foot in the door...IT NEEDS TO STOP!!!!...if they arent a citizen of this country they shouldnt be allowed to be here, pop a kid and run back to their own country. If she wanted to be a citizen her parents should have seen to that from day one, too late to cry now!! Wake up America, this is happening way too much! While our own children are forced to take out loans they cant pay for to get a better shot at life, illegials walk in and get it handed to them!!

                • 6 votes
                #6.7 - Thu May 31, 2012 1:20 PM EDT

                Different - you are wrong - You are natural BORN citizen of the US, your children can make the decision to be American or German when they are 18. This girl was brought to America by an illegal parent WHO became a citizen. BIG DIFFERENCE

                • 3 votes
                #6.8 - Thu May 31, 2012 1:20 PM EDT

                When i see comments bashing this girl, it makes me sad to be an American...where did we go wrong? Wasnt all the fighting done in the Civil rights movement enough for us to see the error of our ways? Why must we revisit this all over again?!!? Seriously, get past it and lets move forward rather than sit here and keep bickering and fighting with each other (like Congress) and decided to be part of the solution rather than contribute to the problem...those that dont see racism coming back full force, I ask you to open your eyes...

                • 13 votes
                #6.9 - Thu May 31, 2012 1:41 PM EDT

                Not bashing the girl - sympathizing with her because she had such bad guidance. When her father became a US citizen, he surely knew all the rules (or had access to someone who helped him with the rules.) He knew his daughter had a MAXIMUM of 180 days after her 18th to get the paperwork right. And by his own experience, he knew how long the paperwork could take. Starting at about day 10 of 180 seems like the logical choice.

                There is no reason for her to miss her graduation speech - ever hear of a video link? Take up a collection from all her supporters to pay for the setup at each end, and presto. She can have a virtual presence at the graduation.

                • 3 votes
                #6.10 - Thu May 31, 2012 1:51 PM EDT

                Kimmy, No, it is not obvious where her mother is. The article indicates that she is staying with grandparents while trying to get a green card. The article also informs that she had never met these grandparents. Where did you get any information about her mother?

                • 6 votes
                #6.11 - Thu May 31, 2012 2:00 PM EDT

                Dick, actually, you know nothing about the laws. Germany has very different rules about citizenship. Being born there does NOT give you automatic citizenship. There are very special rules. Moreover, because we were covered by the Status of Forces Agreement (SOFA), we have to abide by those agreements between our two governments.

                • 2 votes
                #6.12 - Thu May 31, 2012 2:17 PM EDT

                She didn't miss an appointment. She missed a deadline to file her citizenship application, and that was because her lawyer forgot to add a day for leap year when counting the days since her 18th birthday.

                • 4 votes
                #6.13 - Thu May 31, 2012 3:35 PM EDT

                The laws state if a child is born of 2 American citizens, they are automatically a citizen. No matter what country they were born in. Or if they are born on American soil. She was neither. If you read the entire story, her Uncle served in the US military, then became an American citizen. Then he sponsored her father. And he then became a citizen. So as you see here, 1 person gets a "pathway" to citizenship by serving and then so on and so forth. And David, I lived and walked during the civil rights movements. This is not the same. I do not hate Mexicans. I hate that they break the law to come here. If a law was not broken, I would have no issue with this story. I too feel sad for this country. But it is certainly not because of our immigration laws.

                • 1 vote
                #6.14 - Thu May 31, 2012 3:52 PM EDT

                Why must we revisit this all over again?!!? Seriously, get past it and lets move forward rather than sit here and keep bickering and fighting with each other (like Congress) and decided to be part of the solution rather than contribute to the problem...those that dont see racism coming back full force, I ask you to open your eyes...

                In other words we should let anyone and everyone come in to this country, take everything we've created and work for, lower our standard of living and turn our country in to the same ole hole that they created in their country and after all that we should be happy about it. Is that what you're saying? And by not letting illegal immigrants and the millions of others foriegners that want to come here come here and over populate us and live off our deminished tax base, we are racists? Civil rights wasn't meant for the American people to give away the farm and then have nothing left for ourselves. There's nothing racist in trying to hold on to our country and way of life. If that is the way you feel, feel free to leave.

                • 2 votes
                #6.15 - Thu May 31, 2012 4:26 PM EDT

                How is it racism if she would have been allowed back in the country if she had filed by the deadline? I see nothing in this story that says she was not going to be allowed into the country based on her race.

                • 2 votes
                #6.16 - Thu May 31, 2012 5:51 PM EDT

                KimmyFisher,

                Will you give me the trade-name of your crystal ball? From this article, we have NO IDEA where here mother is, but you can say, "her mother is obviously still in mexico". Also, I want to know which law school you got your information from regarding being the child of a US citizen born overseas? In this case that is not germane (a relatively small word meaning 'It doesn't count', since her father was not yet a US citizen.

                And everyone... Stop saying America when you mean the USA. America is the name of TWO CONTINENTS containing over two dozen countries. Look at a map. All those people living in the "Western Hemisphere" are Americans, not just those of us in the United States of America. We just stole the title, pretty much like Europe did with everything else on both continents.

                • 1 vote
                #6.17 - Fri Jun 1, 2012 12:11 AM EDT

                SRScott,

                First, immigration law allows for citizenship of the child of ONE US citizen, if that parent met certain residency tests.

                Second, how much of our popluation do you think came from sponsorship of naturalized citizens bringing the rest of their family to the USA? How many Irish, Germans, Poles, Italians, Swedes, Norskies, and so on? We saw a great flourish of this in the late 1970's and throughout the 1980's from SE Asia and Cuba. Your argument is mute, given the weight of history. In fact, you might even have to look back at your own geneology.

                  #6.18 - Fri Jun 1, 2012 12:27 AM EDT
                  Reply
                  Comment author avatarDan-1018744Expand Comment Comment collapsed by the community

                  phony bastards in the consulate that do nothing, she is here legally let her in then sue the dumb lawyer whose job this was to know, obviously incompetent

                  • 2 votes
                  Reply#7 - Thu May 31, 2012 12:44 PM EDT

                  Unfortunately, when it comes to immigration attorneys, the only person that loses if the attorney is wrong is the client. Suing the attorney will not expedite her case, or ensure she is eventually approved for her green card.

                  Having been through the immigration process myself, because my husband is from overseas, I wonder about the details given here. Is her father a native-born US citizen, or did he naturalize? From my understanding, when a person becomes a naturalized US citizen, their children under 18 also become US citizens automatically. If her being here illegally prevented her from naturalizing, and she once she gets her green card, then I would think she would become a citizen immediately upon entering the US.

                  Regardless, USCIS means business when it comes to their deadlines. If they say you have 180 days, then your ass better leave a few days before that..just in case there are surprises like this one. You never know when something like a volcano, may prevent you from travelling and USCIS doesn't give one whit about that. She and her attorney cut this way too damn close, and this is what she has to suffer because of that mistake.

                  • 9 votes
                  #7.1 - Thu May 31, 2012 1:16 PM EDT

                  Yea, sue the lawyer because of their own calendar error. What's that worth these days? 4 million dollars?

                  • 2 votes
                  #7.2 - Thu May 31, 2012 1:18 PM EDT
                  Reply

                  She might be a smart girl, but quite stupid to cut something so important so close....rules are rules.

                  • 15 votes
                  Reply#8 - Thu May 31, 2012 12:44 PM EDT
                  Comment author avatarMonkey@KeyboardExpand Comment Comment collapsed by the community

                  So, you have never driven 56 miles an hour in a 55?

                  • 6 votes
                  #8.1 - Thu May 31, 2012 12:56 PM EDT

                  And that has what to do with this article. She got an education in a public school that we paid for, she knew what she had to do to become legal. For lack of a better fraise she missed the dead line because of stupidity and now wants her country thats right her country (she is not a legal citizen of the U.S.) to bend the rules for her. I call B.S. make her follow the law.

                  • 9 votes
                  #8.2 - Thu May 31, 2012 1:11 PM EDT
                  Comment author avatarMonkey@KeyboardExpand Comment Comment collapsed by the community

                  I call B.S. we bend over backwards for illegals make her follow the law.

                  Prefer to be all high and mighty and don't want to help illegals?

                  Then stop buying domestically produced fruit and vegetables as most are picked by illegal immigrants, which would represent the majority of produce grown in the US. The government looks aside when US farmers hire illegal workers so US buyers can get cheaper prices.

                  Do your part for our country and pay 20% to 50% (or more) for your groceries and force US farmers to either mechanize or to hire US labor, if they can find any US workers willing to actually do real work.

                  Oh, and the word is "phrase", not "fraise".

                  • 8 votes
                  #8.3 - Thu May 31, 2012 1:17 PM EDT

                  You want the government to do its job in one place to help not do its job in another?

                    #8.4 - Thu May 31, 2012 1:19 PM EDT

                    Yeah - I have driven 56 in a 55. AND if I got caught - I would pay the consequences. Wouldn't complain that I had waited to the last minute to get to my destination and thus the rules shouldn't apply

                    • 8 votes
                    #8.5 - Thu May 31, 2012 1:49 PM EDT

                    I see no reason to bend the rules or make an exception for this young woman. It was absolutely stupid to wait until the last possible day to apply for the green card. The error is all hers and the attorney's. Immigration has done nothing wrong except stick to established rules. I understand the difficult situation, but she created this mess by foolishly cutting things too closely. Never intentionally delay something so important that you have no margin for error...

                    • 5 votes
                    #8.6 - Thu May 31, 2012 2:05 PM EDT

                    Russ-2252363: I'll be watching on COPS when it happens.

                      #8.7 - Thu May 31, 2012 2:15 PM EDT

                      Panhead,

                      Are you kidding? Most high schools have been reduced to trying to attain 8th grade standards to graduate enough students to keep accreditation. Juvenile offenders used to get better educations because they had the benefit of bright, involved student or recent-graduate teachers. Citizenship is no longer taught in many schools, and US history is reduced trying to remember 6 Presidents and 6 wars. And you think immigration law is taught in Arizona or Indiana? I don't think so. Besides, her immigration LAWYER screwed up the date. not the girl.

                      • 2 votes
                      #8.8 - Fri Jun 1, 2012 12:40 AM EDT
                      Reply

                      Come on Mr President, time to get involved. At least we would have a bit of good news.

                      • 2 votes
                      Reply#9 - Thu May 31, 2012 12:44 PM EDT

                      Obama has alot bigger things to get involved with. Jobs? Economy? Etc?

                      • 2 votes
                      #9.1 - Thu May 31, 2012 3:55 PM EDT
                      Reply

                      It's unfortunate, but I can't feel too bad for her. Take for example, "I was traveling just 10 MPH over the speed limit. And you give me a ticket?" This has happened to me before. Even when the signs weren't clearly posted. But did I have to pay? You're damn right I did.

                      So this girl missed the deadline by one day? Will she have to suffer the consequences? Yes she will. One day, 10 MPH, etc., you break the law or instilled protocol, and you will have to deal with it, as unfortunate or unfair it may sound.

                      • 10 votes
                      Reply#10 - Thu May 31, 2012 12:45 PM EDT

                      I'm sure everyone on the waiting list has a sob story.

                      Why let this girl butt in front of them? Is she more special because she's more of a citizen than they are? Nope. She's still a mexican national, illegally living in the US for 14+ years, and 181 days.

                      • 13 votes
                      Reply#11 - Thu May 31, 2012 12:46 PM EDT
                      Comment author avatarToasty McGrathExpand Comment Comment collapsed by the community

                      You didn't even read the story, did you? She is a LEGAL immigrant.

                      • 5 votes
                      #11.1 - Thu May 31, 2012 12:48 PM EDT

                      Tubal22: Disgusting. She was here legally and her previous attorney screwed up because of a calendar error.

                      • 6 votes
                      #11.2 - Thu May 31, 2012 12:54 PM EDT

                      NO SHE'S NOT!!! She was brought here when she was 4, illegally, her father became a legal citizen and now she was trying to, but they screwed up and miscounted the days...why did she wait? Why not become a legal citizen when her dad did, when she was 16, why wait now??? She leaves the US and goes to Mexico, has to stay there 180 days and then apply for some paperwork/visa to re-enter, leap year screwed miss smarty pants and her lawyer up, oh well....I'm tired of the sob stories, I have UNITED STATES military men and women fighting wars I worry about.

                      Air Force Vet and mother of a combat soldier...HOOAH!!!

                      • 12 votes
                      #11.3 - Thu May 31, 2012 12:56 PM EDT

                      Toasty, it would appear you are the one that did not read the story. She was here ILLEGALLY hence why she had to file a 400 page doc for the waiver due to getting flagged for her 18th birthday. Also read the line " Her family has been trying tirelessly to legalize her status so I would just ask that they (consular officials) please give careful consideration to this case …”

                      • 5 votes
                      #11.4 - Thu May 31, 2012 1:03 PM EDT
                      Comment author avatarMonkey@KeyboardExpand Comment Comment collapsed by the community

                      Steelermama: Brother's been deployed 5x, three times to Iraq, sister to the DMZ, Dad to Vietnam. And we would ALL support this child's stay in the US.

                      • 4 votes
                      #11.5 - Thu May 31, 2012 1:08 PM EDT

                      Then Monkey you pay for all of her legal fees and then have her live with you and your family and your family can pay for her college if she gets back here.

                      She is not a LEGAL citizen which is why she is in Mexico to begin with.

                      • 5 votes
                      #11.6 - Thu May 31, 2012 1:49 PM EDT

                      methinks Toasty is trying to set a record for 'comments collapsed by community' - always posting outlandish spew to get a rise out of people who think the comments are real. Nice hobby.

                      • 3 votes
                      #11.7 - Thu May 31, 2012 1:58 PM EDT

                      I see, usa is great. So, my family's sacrifice is not as great as the sacrifice made by Steelermama? Is that it? And therefore, I should shut up on this issue and don't have a right to input?

                      The issue is that WE (that includes you) allow illegal immigration by allowing our government to look the other way when companies and farmers hire illegal immigrants because WE (that includes you) want the lowest possible price.

                      Don't want illegal immigration? Then be hard as nails on the COMPANIES and FARMERS that hire them and it will be a done issue in a year.

                      Then, expect your food bill to rise by 50% as a consequence.

                      You can't have it both ways.

                      • 6 votes
                      #11.8 - Thu May 31, 2012 2:13 PM EDT

                      You didn't even read the story, did you? She is a LEGAL immigrant.

                      Yes she was! Up until her VISA ran out! Oops....She still would be legal if she could read a calander. It's apparent that all the free tax payer paid schooling and a 3.9GPA didn't do much for her ability to read a calander. Who's fault is that? Some people on here think the racist white Americans are at fault. Her teachers probably left calander reading out of her assignments on purpose knowing what would happen.

                      • 1 vote
                      #11.9 - Thu May 31, 2012 4:33 PM EDT

                      What visa? She entered the US illegally at the age of four. She had 180 days from the day she turned 18 to apply for a "green card". She blew it by one. She is an adult who foolishly waited too late to apply to be here legally. The only culprits here are her worthless attorney, her father and her. They gambled by waiting until the last possible day and proved that math is not their strong suit.

                      • 1 vote
                      #11.10 - Thu May 31, 2012 5:18 PM EDT

                      Seriously, you're wondering why she wasn't punished for a crime her parents committed... When she was FOUR?

                      • 2 votes
                      #11.11 - Thu May 31, 2012 5:50 PM EDT

                      at least she's more useful than the high school dropouts. maybe if we weeded all of them out, think of the money we could save. And then it could be used for people who would work hard for a 3.9 gpa.

                        #11.12 - Thu May 31, 2012 9:32 PM EDT

                        Steelermama,

                        First... Were you there when she entered the country 14 years ago? No? Then you don't know whether her entry was legal or illegal, do you?

                        Second... You don't get to decide what is right/wrong, legal/illegal in this country. We are not the United States of Steelermama. In fact, with the Steelers' current record, I would probably change parties or change Steeler philosophy.

                        Third... I appreciate your service and that of your family. But, I can also point to a service history for MY family. As can probably 50-60% (or more) of this country's citizens. So get over it. Why aren't you more concerned about the fact that your soldier will probably be screwed by a car dealer, jeweler, or check-casher than a stoop=farm laborer or a girl who came here 14 years ago with her LEGAL father.

                          #11.13 - Fri Jun 1, 2012 1:01 AM EDT

                          NB820,

                          Dare I ask you a logical question? If she had had, living in full view, 180 days after her 18th birthday to apply - from Mexico - for a green card or student visa; doesn't that imply she was a LEGAL MINOR resident alien? Or does that sophistication escape you? That the CHILD of a legal alien might be be him/herself legal?

                            #11.14 - Fri Jun 1, 2012 1:08 AM EDT
                            Reply

                            Children who are brought into this country illegally by their parents are not criminals. They had no say in the matter. I wonder how the hateful anti-immigrant folks who spew their vile comments here would feel if they were suddenly held accountable for a crime their parents' committed.

                            At least this young lady, who appears to be a bright and upstanding student and member of her community, understands that illegal immigration is wrong and is actively trying to do the right thing. It's unfortunate there was a misunderstanding about the deadline.

                            • 13 votes
                            Reply#12 - Thu May 31, 2012 12:49 PM EDT

                            The DREAM Act passed in the House and Senate with a majority. It was the GOP filibuster that killed it.

                            • 4 votes
                            #12.1 - Thu May 31, 2012 1:35 PM EDT

                            Cameron - She became a criminal the minute she turned 18. I'm happy they were trying to follow the procedures - but WHY wouldn't you go a couple of days early JUST IN CASE??????

                            Thank goodness the DREAM act got killed. We should never reward criminal behavior with citizenship.

                            • 5 votes
                            #12.2 - Thu May 31, 2012 2:13 PM EDT

                            She was trying make things right, which says a lot of her character. She followed the advice of an Immigration lawyer who messed up the dates. She wanted to wait so she would not miss too much school. She is a legal US citizen (from what I understand of Supreme Court rulings) and just needed to get her green card, obtainable from a US consulate.

                            If you folks don't want her, send her to Canada. We could always use more educated people that prefer to follow the law and do things properly. You can keep the illegals that break the law, we will gladly take the people that try to follow the law.

                            I am a firm believer that those that are illegal should be sent out of the country on the first available conveyance. Kids that are brought in with parents make it a gray area, I can see both sides of the debate.

                            • 4 votes
                            #12.3 - Thu May 31, 2012 2:32 PM EDT

                            Trying to move to the front before the others who were there first really isn't the right thing. The right thing would be to wait her turn in the order in which she falls. Is that really anti-immigrant? Or do you just want it to be?

                            • 2 votes
                            #12.4 - Thu May 31, 2012 4:35 PM EDT

                            wryview,

                            Ah yes, the Dream Act, first presented by Ronald Reagan.

                              #12.5 - Fri Jun 1, 2012 1:24 AM EDT

                              Bill - I don't care WHO presented it. It is a BAD idea.

                              • 1 vote
                              #12.6 - Fri Jun 1, 2012 2:14 PM EDT
                              Reply

                              Article isn't clear that is is legal or not, only that her parents illegally brought he to the U.S. at age 4.

                              • 7 votes
                              Reply#13 - Thu May 31, 2012 12:49 PM EDT

                              Haroldwolf,

                              I don't think you can say that, since her father has become a naturalized citizen. The penalties for illegal entry would have kept him from that for 7 of the 14 years, and one would assume the she would have also been deported. It sounds more like family/social/legal dynamics may have prevented earlier petitions for citizenship. Plus, we are not informed that she actually wants to become a citizen, but rather wants a visa to work and to get a nursing degree and take care of her father, the US citizen.

                                #13.1 - Fri Jun 1, 2012 1:20 AM EDT
                                Reply

                                i'm confused...if she has been here since age 4 why is she still an illegal?? other than that if they chose to wait till the deadline and missed it tough luck sister....see you in 3yrs

                                • 14 votes
                                Reply#14 - Thu May 31, 2012 12:49 PM EDT

                                Can't wait to read all of the comments on this article.

                                • 2 votes
                                Reply#15 - Thu May 31, 2012 12:50 PM EDT

                                Good. Enough of the immigrant free-for-all. Kudos to the INS.

                                • 9 votes
                                Reply#16 - Thu May 31, 2012 12:51 PM EDT

                                Very confusing. Under the Child Citizenship Act of 2000, if she was under 18 and one of her parents were a naturalized citizen she is considered a citizen. Suddenly when she turns 18 does she lose her citizenship? She's lived here for 14 of her 18 years and her father is a naturalized citizen. Why isn't she a citizen automatically?

                                • 7 votes
                                Reply#17 - Thu May 31, 2012 12:55 PM EDT

                                From wikipedia:

                                "The Child Citizenship Act of 2000 is a United States federal law that allows certain foreign-born, biological and adopted children of United States citizens to acquire United States citizenship automatically. These children did not acquire U.S. citizenship at birth, but they are granted citizenship when they enter the United States as lawful permanent residents."

                                "The child must have at least one U.S. citizen parent by birth or naturalization, be under 18 years of age (have been born on or after February 27, 1983)[1], live in the legal and physical custody of the U.S. citizen parent, and be admitted as an immigrant for lawful permanent residence"

                                My guess is that she was not a "lawful permant resident" and that was what she was trying to do by getting her green card. Also, since she is now over 18, I'm not sure she can still use this law, but after getting her green card, her father can probably sponsor her for citzenship. It may have been easier for her to become a legal resident and then a citzen before she turned 18, but I do appreciate her wanting to stay in school as long as possible. Unfortunately waiting until the last second made her one day off. Hopefully, she will learn from her mistake and will still become a citzen.

                                  #17.1 - Thu May 31, 2012 9:40 PM EDT

                                  It's silly that she had to miss so many days of school, you would think they would allow kids in her situation able to finish her current school year in high school first. Maybe they should have gotten a better attorney to give better advice. She wants her education apparently, but why force them to miss a long period of time while still in high school. Her teachers showed moral support. She wasn't whinning. She thought school and taking care of her dad were more important, which was why she waited as long as she did.

                                    #17.2 - Fri Jun 1, 2012 1:50 AM EDT
                                    Reply

                                    It sucks and I do feel sorry for her but @!$%# happens and she was here illegally if she is even having to think about getting a green card now. The only reason she was allowed to stay in the first place is because she was under 18

                                    • 1 vote
                                    Reply#18 - Thu May 31, 2012 12:56 PM EDT

                                    She waited 18 1/2 years - until the LAST DAY to apply for an important visa? There's something more to this story.

                                    • 10 votes
                                    Reply#19 - Thu May 31, 2012 12:57 PM EDT

                                    yes- read the part about following her attorney's advice. I am at a loss to understand how a 17 year old girl should know the immigration ins and outs-when she had an attorney- and he acknowledges his error in calculating time. Did anyone actually read the whole article??

                                      #19.1 - Thu May 31, 2012 9:07 PM EDT
                                      Reply

                                      This is terrible. Let this young lady be at her graduation!

                                        Reply#20 - Thu May 31, 2012 12:58 PM EDT

                                        This story just highlights what a complicated mess our immigration system is. At the very least, one would think there should be some leeway for a simple mistake, especially if it is just filing a form.

                                        • 4 votes
                                        Reply#21 - Thu May 31, 2012 12:59 PM EDT

                                        How is it a mess? Because people can't count?

                                        • 3 votes
                                        #21.1 - Thu May 31, 2012 2:15 PM EDT

                                        She went to school in the U.S. and wasn't a citizen?

                                        • 1 vote
                                        #21.2 - Thu May 31, 2012 5:34 PM EDT

                                        Mr. Binkie, Her father is a US Citizen. Many non-citizens are in school, legally. Her father pays taxes, income taxes, sales taxes, etc.. She couldn't apply for a green card for herself until she was 18. Under the law, she was allowed 180 days after her birthday to do it. She didn't want to miss school. She followed her attorney's flawed advice, and got screwed. It is straightened out now.

                                        • 2 votes
                                        #21.3 - Thu May 31, 2012 9:46 PM EDT

                                        debbie - they aren't exactly that they attend school legally. It is more of "don't ask, don't tell".

                                        • 1 vote
                                        #21.4 - Fri Jun 1, 2012 2:16 PM EDT
                                        Reply

                                        For such an intelligent woman she really behaved stupidly waiting until the last possible minute.

                                        • 9 votes
                                        Reply#22 - Thu May 31, 2012 1:00 PM EDT

                                        she followed the advice of her ATTORNEY( who states it clearly in the article). And you are suggesting that a 17 year old high school student would have a better grasp of INS regulations than her attorney? Really? This was not a decision that she made-read the rest of the article!

                                        • 2 votes
                                        #22.1 - Thu May 31, 2012 9:09 PM EDT
                                        Reply

                                        You'd think if it was that important, they'd show up a little early instead of the LAST possible moment.

                                        • 8 votes
                                        Reply#23 - Thu May 31, 2012 1:01 PM EDT

                                        Sounds like this intelligent woman needs to stay home and help fix her own sh$thole of a country...

                                        • 8 votes
                                        Reply#24 - Thu May 31, 2012 1:04 PM EDT

                                        As so many posters are saying, MSNBC looks for these sob stories. I have reached the point where I would love to see one about a Hispanic street gang and how they are prospering by selling drugs or something...just for variety.

                                        • 8 votes
                                        Reply#25 - Thu May 31, 2012 1:04 PM EDT

                                        Cassandra

                                        Unfortunately the local news is the only place where the media calls these folks by the proper term which is an ILLEGAL IMMIGRANT not Immigrant like the big networks use to describe these CRIMINALS. I would like to know who's SSN she has used all of these years since she is an illegal????

                                        • 5 votes
                                        #25.1 - Thu May 31, 2012 1:53 PM EDT
                                        Comment author avatarRealWorldProgressiveExpand Comment Comment collapsed by the community

                                        Yeah, unlike Fox News which race baits on purpose.

                                        So much for the "free market" though. Why you conservative types hate it so much I have no idea. I thought you wanted a free market for labor. This girl is smarter than you, and most of your Fox News-watching kin. So you should be happy she's going places.

                                        Oh I'm sorry, you mean that if you're a white person born in America, everything should be handed to you on a silver platter. But if you're brown or black . . . look out. You get nothing.

                                        • 5 votes
                                        #25.2 - Thu May 31, 2012 2:22 PM EDT

                                        As usual, the illegal aliens make fools out of the US justice system and the administration and government continues to kiss the back end of the illegal aliens.

                                        • 4 votes
                                        #25.3 - Thu May 31, 2012 4:44 PM EDT

                                        I agree. And it makes me sick.

                                        • 3 votes
                                        #25.4 - Thu May 31, 2012 5:32 PM EDT

                                        lol aww whats the matter, mad that a mexican-american has a higher GPA than you did?

                                        • 4 votes
                                        #25.5 - Thu May 31, 2012 6:12 PM EDT

                                        Sorry David NOT Saint and Real World Progressive. I have a Bachelor Degree in Accounting and I worked full time and raised my son during that same time period so dont get it twisted, I KNOW I am smarter than a dumbass high school student who cant count and who should have known that this year had a leap day involved to know that she was taking a risk by waiting until the last day to fix her ILLEGAL activity that she is CURRENTLY involved in. If you two think she is so great then you pay for all of her present and future expenses since you two think she is the greatest thing since sliced bread. You two can start by re-paying the Federal Govt for all of the legal fees to get HER ERROR corrected and then the legal fees to enter this country the correct way. Then you two can give her a free ride and pay for all of her college expenses and then of course when she cannot find a job when she is done going through college perhaps you two can then house her for the rest of her life.

                                          #25.6 - Mon Jun 4, 2012 12:45 PM EDT

                                          A BA in accounting - i can see how that makes you an expert in immigration law.

                                          Generalize much?

                                            #25.7 - Wed Jun 6, 2012 9:57 AM EDT
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