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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.
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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.
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"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.
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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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No need to comment anymore people....
She is in Juarez, Mexico... a pretty bad place to be stuck in right about now. Knowing the drug cartels there, within the next 72 hours, she will either be kidnapped or dead.
What is fascinating about this story is that the Federal government is actually doing their job of keeping an illegal alien from coming into the US. That being said, let's not be such a hard a*s about keeping her out of the US. Let her back in and be done with it.
How terribly unfair. Goes to show you how the "system" just wants to screw you over, no matter how hard you try to become a well educated, productive member of society. The irony here is that if she was chinese, the US Government would have immediately sent a plane to pick her up,then given her immediate US Citizenship as well as a fellowship at Harvard. Can you say hipocrisy???
As an American living in Mexico by choice, I have very strong feelings regarding the plight of Mexican Americans who are caught in a web of confusion created by the US bureaucracy. Many of the people who entered the US illegally did so at the "invitation" of Americans who wanted cheap labor in an economy that was powered by greed and profit margins. Now, a generation later we are seeing the tragic results of this practice.
I am saddened for this young woman and I hope that she will be allowed to return "home"... to the United States. More is at stake here than technicalities and legalities. This is a human tragedy and is happening more and more often these days. Its time for a fair and equitable recognition that citizenship is more than a piece of paper.
As an American living in Mexico by choice, I have very strong feelings regarding the plight of Mexican Americans who are caught in a web of confusion created by the US bureaucracy. Many of the people who entered the US illegally did so at the "invitation" of Americans who wanted cheap labor in an economy that was powered by greed and profit margins. Now, a generation later we are seeing the tragic results of this practice.
I am saddened for this young woman and I hope that she will be allowed to return "home"... to the United States. More is at stake here than technicalities and legalities. This is a human tragedy and is happening more and more often these days. Its time for a fair and equitable recognition that citizenship is more than a piece of paper.
If the number of days in a leap year is confusing concept for you, you should just stay in Mexico. We'll send an "invitation" for you next time we need you to pick apples.
And you should goo back to your KKK rally, you inbred hillbilly.
Nothing like waiting til the last minute! Maybe she should give a speech on stupid.
And you should go screw yourself.
She had an attorney and was doing what the attorney TOLD her to do; isn't that what we're all supposed to do? Follow the advice of our attorney? This is a sad, sad thing - she's a shining star and the government, which makes exceptions for all SORTS of things, can't manage to put her at the head of the line? The woman at the Immigration who said she could sympathize but it wouldn't be right - I think it WOULD be right. I think it would be wrong to deny her when she has clearly done everything ELSE right. This makes me so angry.
Hmm... no, you're not "supposed to" follow an advice from an attorney. You only follow it if you think it's the right thing to do for you. Attorney may tell all kinds of stuff.
If she is a "shining star", I can't get that from the article. She is pretty average at best according to the facts of the article and should be ground through the INS meat grinder like an average immigrant. Maybe that will teach her to use her head next time.... probably not as US' INS to too gentle.
Ahaha... I guess that amazing GPA doesn't mean much when you can't even count the number of days in a leap year!
>For the waiver application, Moshe is arguing that Olivas’ absence would prove a medical hardship on her >father, who suffers from diabetes and high blood pressure, among other ailments. If consular officials >accept this, then the three-year bar could be waived.
Hmm... yeah, and how is her presence going to solve that? What a bunch of BS!
And what is the excuse for such an obviously illiterate inbred racist like yourself to be on this Earth? By the way, the INS doesn"t exist anymore. I am proud to be the "average immigrant", and have proudly fought for the US overseas right next to other immigrants. Besides spreading hate and racism, what have you done scumbag???
I wish I was as smart as all those people telling this poor young lady how horrible she is. Whatever happened to compassion and understanding? Give her a break.
Sniff. POOR young lady. Can't plan ahead. Can't count. Can't be bothered to obey the laws.
We have already given breaks to 30 million other illegals.
The time for free passes are over. It's time to take back our country once and for all.
Why don't you go whine to your other bleeding heart Liberal buddies, after all, they are the ones responsible for this problem in the first place.
Obama could really score some points with Latinos in a battleground state here, with an off the record phone call, an on the record stroke of a pen , and about 29.5 seconds of words for tonight's news.
So.....?
Another illegal alien. Keep her in Mexico or she will come back, have 10 kids on food stamps and welfare and be part of the rest of the politically correct protected minority.
You yourself probably grew up on food stamps, didn't you? And she is probably better educated than you could ever hope for. Now go back to your meth lab, racist scumbag.
Another sad, tear jerker story of a poor latino. I can't help think that if it were all that important, she would not have "missed it by a day". If something were this important, plan ahead. Who knows how a flat tire, canceled flight, cartel closing of a road, or whatever could mess up travel plans if someone waits for the very last minute. Another opportunity for the media to cruel it is to expect people to obey the laws.
Another day another immigration sob story from MSNBC. I feel sorry for the girl but she's been here for 14 years and her parents are just now thinking about her getting a green card?! If her father came here when she was four also (I realize the article doesn't state this) then he's also been here for 14 years and now has medical issues which I'm sure we're paying for. And people wonder why we're broke as a nation...
Their Mexican, they do it manyana.
Oh great, another illegal alien with an "excuse" as to why they deserve to be here illegally.
These people lie and cheat their way into our system then they expect special treatment because they know there are enough bleeding heart Liberals who actually believe their lame song and dance routine.
Give it a rest already, if you are here illegally like the other 30 million illegals then leave, do not pass Go do not collect 200 dollars.
Hit the freaking road amigo.
Another illegal alien. Keep her in Mexico or she will come back, drop out of college when she finds out how unprepared she is, get married and have 10 kids and live in a Section 8 house, mooch on food stamps and welfare and be part of the rest of the politically correct protected minority. MSCBC and the Democrats love these people.
So she was here illegally and saved us a deportation cost. Other than being here for the past 14 years this sounds like a win-win situation.
OK OK OK!!!!!!!!! Soembody goofed BIG time, but does that mean that she should suffer so. C'mon!!!!!!! While i am writing this i am sure there are people crossing the border from Mexico. YES!!!! RIGHT NOW!!! ILLEGALLY!!!!! Here is a bright young lady, who obviously has proven her worth, and what do the feds do, bust her %&$#!!!! What B.S.!!!!! Let her come home, yes the US, NOW!!!!!!!!!!!!! A$$HOLES!!!!!! These things anger me so. There is just NO common sense the further up the ladder you go. It NEVER ceases to amaze me the stupidity that abounds in this world. Good grief. (my aplogies for the strong language)
How has she "proven her worth"?
tripod, one thing you said is very true-"stupidity abounds in this world". Her idiot parents let her spend the last 14 years here illegally and suddenly it's supposed to be EVERYONE'S concern but theirs?! Her parents screwed up so she has nobody to blame but them....not ICE, not Sheriff Joe not us the tax payers nobody but her parents so they can sort it out if they want to.
@ Joe..she has proven her worth by doing well in school and will eventually be an asset to society. She is 18, what do you want her to be, a freakin' brain surgeon. 3.9 grade average. what was your grade average joe? moron! just practice saying this joe "would you like fries with that?". 'nough said!
@Cassandra-854239 - How about the crazy white person that shot up innocent people at a coffee shop yesterday, is that enough variety for you Cassandra!!
Christian, I was being ironic. My point was that the press never seems to talk about illegal immigrant gangs, but only about outstanding young people like these. In fact, every immigrant group has produced gangs: the Mafia, Murder Incorporated, the Tongs, to name a few, but the latest group never gets mentioned.
There are bad apples in every ethnic group, that was my point. We already have enough negative stuff going on in society by all sorts of ethic groups on a daily basis, how much more variety is needed...sounds morbid.
Procrastination is bad!
I have been outspoken in these forums in expressing my view that illegals need to be caught and deported. The definition of an illegal alien is somebody who either illegally entered this country of who committed the crime of staying here after there legal right to stay expired. Neither is obviously the case here. So I don't understand why y'all are persisting in calling her an illegal. She is simply a prospective legal immigrant caught up in kafkaesque bureaucracy. She'd only become an illegal alien if she sneaked across the border now that she's barred from returning.
Somehow our great nation has declined to the point where we no longer expect or even want our government to operate in a transparent, efficient, fair and compassionate manner. We now seem to think it's alright that people who've had the misfortune or irresponsibility to come into contact with our increasingly militaristic, unresponsive, inflexible and sometimes outright abusive and corrupt officialdom to be made to forfeit any or all of their basic human rights... we defend the DEA agents who nearly killed a naive pot smoking college student who nobody pretended was guilty of anything more than toking up, we applaud the ICE when they exile (since the term deport cannot be fairly used here) people adopted as infants from abroad by American parents, and we excuse them when they seize and dump native born American citizens - including young chilldren and the mentally ill - abroad in foreign countries due to "removals."
The Turner girl was 14 when she played some sort of prank upon being arrested for some minor juvenile misdemeanor that netted her a two day suspended sentence and gave a false, Latino-sounding name... She was turned over to the ICE who sent to Colombia, where her family found her years later. Mark Lyttle and Diane Williams, two mentally ill and barely coherent native born Americans, who were deported to Mexico, apparently, in both cases, for the crime of being stereotypically "white trash". Joao Hebert, who was adopted from Brazil by American parents as an infant, was made stateless by the US government and exiled back there as an adult, where he was promptly murdered. Jennifer Haynes was similarly made stateless by the US government and banishd to India, where she's destitute, on the streets of Mumbai. The Shepherd girl, who suffers from progressive MS and was adopted at 3 months, now faces a similar fate.. And is rapidly becoming of an international diplomatic @!$%#estorm because, in her case, the country we're trying to send her is inconveniently pointing out that it is a violation of intl law for the US government to actually make one of its citizens stateless. In all of these grotesque cases, you right wingers were right there egging on and defending and excusing our bureaucratic excesses.
Apparently, if you're stupider than average, even slightly criminal, of the wrong appearance, tardy in meeting deadlines or careless in filing paperwork or simply in the wrong place at the wrong time, you are no longer entitled to due process, the rule of law or even to basic dignity and human rights.
This girl's case is admittedly more ridiculous than sinister, After all, her life is not bring threatened by our insensitive officials.. As was the case in the other abuses noted above.. But her case is just as absurd.. Miss a filing deadline due to a leap year and have to wait for the next one? Seriously? This is like something out of that classic Terry Gilliam-film, Brazil, about a corrupt, bureaucratic and altogether rotten future society.
We're better than this. We have to to be.
I know, I get that too when I drink brake fluid after lunch!
Stuck in Mexico with a speech to deliver in Indiana? No problem - it's called "Skype".
WHY take a chance and go last minuite... that was kind of dumb on their part.. BUT if she was BORN in the US then she is a US citizen... if she was born in mexico then it doesnt matter if her dad is american BUT come on... let the poor girl back in to graduate.. that some bull @!$%# if i ever saw it
Actually it does matter. Through a few simple steps like proving paternity and accepting financial responsibility, her dad could have gotten her U.S. citizenship way back when she was 4 and he brought her back with him to the U.S.
Had her mother been the U.S. citizen rather than her father, she would automatically have been a U.S. citizen from birth.
It makes no difference that she was born in Mexico. It makes every bit of difference that one of her parents was a U.S. citizen on the day she was born.
Apparently it's a slow news day....
And it's whose fault that she waited until the last minute?
There are plenty of other waiting in line to get into this country...legally as well. Just get back into line...
I love these articles- they always bring out the racist hicks in droves. It doesn't matter if they followed the rules, didn't follow them, took legal advice, ignored it, worked within the system or outside it, snuck across the border or had their parents gain citizenship legally-
None of that matters to these people because the real issue in their eyes, the real crime is just that they're not white. The funny thing is that the thinly veiled racism is so utterly transparent to all of us, but oooo boy you'll see some hackles raised when you call them on it.
All right, Cyclo, I will say it again. If we had a long unbroken border with Poland, we would be complaining about all those blond blue-eyed Poles who keep flooding over our border and taking our jobs. Race really does not have anything to do with it.
Exactly! But if you believe that if people from another country come here illegally they should be sent back then according to a segment of the population that makes you a racist. If you believe that there are thousands of LEGAL AMERICAN CITIZENS that should be getting the benefits, assistance, education etc.. that is handed freely to illegals then you are a racists. IF you think that American citzens should come first then you are a racist!!! IF your sick and tired of America spending billions annually to house illegal criminals then you are a racists. It doesn't matter that many of these illegals in our prisons are rapists, murderers, gang bangers, theives etc.. Pretty screwed up and skewed perception in my opinion.