Mexican Immigrant Has Deportation Stayed While Awaiting U Visa

church, shelter, deportation, Chicago immigration lawyerThere are numerous ways for immigrants to lawfully enter and stay in the United States. Some of the more well-known methods include family immigration visas, naturalization, or employment-sponsored work permits, such as H-1B, TN, L, or E visas. In addition, there are less well-known methods to obtain lawful immigration status in the United States.

One less-known immigration option is to obtain a U visa, which is “set aside for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity.” Congress enacted the U visa category to help law enforcement agencies investigate certain crimes and to help victims of crimes who have suffered substantial mental or physical abuse. As discussed below, the process to obtain a U visa is not always an easy one and sometimes requires the kindness and assistance of others.

Churches Provide Shelter to Immigrants Facing Deportation

In September of last year, 40 churches in Illinois and other states came out in support for the Sanctuary Movement on behalf of undocumented immigrants facing deportation. The movement first began in the 1980s when churches sought to help asylum seekers fleeing civil wars in Guatemala and El Salvador by offering room and board and protecting undocumented immigrants from being deported.

Recently, the Sanctuary Movement has expanded its efforts due to a recent U.S. Immigration and Customs Enforcement memorandum that allows churches and schools to provide refuge for undocumented immigrants without fear of deportation.

In 2011, ICE published a memo prohibiting ICE agents “from arresting, interviewing, searching, or even conducting surveillance on undocumented immigrants at sensitive locations such as schools and churches.” There are, however, several exceptions permitting enforcement action, including whether an enforcement action involves a national security or terrorism matter, the person is a dangerous felon, or there is an imminent risk of physical harm to any person or property.

Chicago Church Provides Refuge to Undocumented Mexican Immigrant

One Chicago church, Our Lady of Guadalupe Mission in Little Village, is taking advantage of the opportunity to help undocumented immigrants. Since August of last year, the church has provided shelter to Beatriz Santiago-Ramirez, a Mexican immigrant and single mother of two young children, who has faced deportation since 2010 after authorities denied her U visa application.

Santiago-Ramirez came to the United States without authorization and worked in the fields of Southern Illinois for 10 years. In 2009, Santiago-Ramirez was the victim of a criminal sexual assault. She came to Chicago to apply for a U visa. Her application, however, was unsuccessful and since 2010, Santiago-Ramirez has faced deportation by immigration officials.

Mexican Woman Avoids Deportation While Awaiting U Visa Application

In November of last year, an immigration judge reopened Santiago-Ramirez’s deportation case and set a hearing for January 13, 2015. In response, Santiago-Ramirez filed a motion to administratively close the removal proceedings against her. However, this past December, an immigration judge granted administrative closure to Santiago-Ramirez’s immigration case.

As such, Santiago-Ramirez and her children will be able to remain in the United States while her U visa application is being processed. Prior to the administrative closure of her deportation case, Santiago-Ramirez commented about her time at the church: “It’s like being in church but in prison too, because you don’t have the liberty to walk the streets freely.” She and her family, however, are now free to leave the church without fear of deportation. Nevertheless, if the visa application is denied, she may be once again subject to deportation proceedings.

Contact a Chicago Immigration Attorney

If you have any questions regarding obtaining lawful immigration status in the United States, an experienced Chicago immigration attorney at the Katz Law Office, Ltd. can guide you through this process. Contact one of our immigration attorneys today for a free consultation.

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