Guest post by Mayra Beltran. Please read and help her come back to the only country she calls home.
After having lived in the United States for more than 17 years, I was denied the opportunity to return to the country under legal status. The consular officer made her decision based on the fact that I crossed the border again after having lived in the United States undocumented for more than a year. They did not take into account the fact that I was a minor both times. According to what the officer told me, that section of the law does not state age as being an exception. I have read the law (INA 212) and it seems quite contradictory. In one section “unlawful presence” in the country is determine by the amount of time that one is in the country without permission, but it does not take into account any period of time in which the person was under the age of 18. If that is the case, then how was I unlawfully present for more than a year before leaving and entering the country a second time if I was still under the age of 18? This was the first time that I left the country since I turned 18. I have not attempted to re-enter illegally, nor do I have plans to do so.
Sign this petition to help me reunite with my loved ones in the U.S.
I first went to the United States in November 1992 when I was only 5 years old. I moved there with my parents because my biological father decided it was better to live in the United States. He was a very violent, abusive, and controlling man and he convinced my mother that by moving away from the family, they would have a better relationship. In actuality he wanted to take my mother away from her family so she would no longer have a support system. He knew that with the language barrier it would be hard for my mother to get any help. I only have a vague memory of how we crossed the first time, and my mother never talks about it. To my young mind, travelling to the U.S. was something exciting. I did not know where we were going or how long we would be gone. Most importantly, I had no idea of the greater impact that my parents’ decision would have on my future.
After many years of enduring physical and emotional abuse from my biological father, my mother decided to leave him. She knew that it would be difficult to make it on her own and she talked about the possibility of returning to Mexico. In 1999, after I completed sixth grade, we moved back to Mexico. My stepfather, who was a long time family friend, told my mom that he was in love with her and asked her to stay. We left anyway in June but after a few months in Mexico, we returned to the United States. That time my mother and I crossed through the river with the help of some smugglers. I remember being very afraid for our safety. The smugglers screamed at us and pushed us so that we would run faster. It was not until then that I knew we were not allowed to be in the US. Before that I thought having lived in the country before gave us the right to go back and forth. I was 12 years old that time and, although I knew that what was happening was not right, I was still too young to comprehend the full consequences and unable to make my own decisions. I had to do as I was told.
I thought about moving back to Mexico once I was old enough because I did not like being “illegal” in a country. I did not have the same opportunities and rights that my schoolmates had. I was not able to get a learner’s permit at the age of 15, I would not be able get a driver’s license when I was old enough, and I was not able to get a job. There were even certain awards that I qualified for based on academics, but was unable to obtain because of my status. There was a ray of hope for me when my stepfather and my mother married because he was able to apply for an immigrant visa on our behalf. Unfortunately, this was after 2001, and the person who filled out our paperwork did not bother to tell us that I would be subjected to a 10 year bar of inadmissibility.
After 7 years I finally received a letter from the US Consulate. I was so excited because I thought that I would finally be able to have a normal life. At the same time I was sad because I would have to be away from the people I love for a while. I just looked forward to my life after I returned. My lawyer told me that I would probably have to stay in Mexico for a few months until the waiver petition was processed, but that it would all be fine. I also asked about the law that places a permanent 10 year bar of inadmissibility if the person had crossed the border twice because I read about it on the internet a week before I left. The paralegal that had been assigned to my case told me that it did not apply to me because I was a minor at the time. Unfortunately, this was not the case. I was told that I am not even eligible for the waiver, and that I have to wait 10 years before I can re-apply for an immigrant visa.
I was shocked by the decision. I could not even think or talk straight, and I held back the tears until I saw my stepfather waiting for me outside the US Embassy. It was devastating news for me and my loved ones. Although I was born in Mexico, it is still a foreign country to me. I only have vague memories of what it was like living here. I grew up in the United States and consider myself more American than Mexican. I even get picked on here for my American mannerisms. I have lived in the United States practically my whole life and I have strong ties to the country. My family, friends, and plans for the future are all in the United States. I hate the thought of being considered a criminal for having resided in the United States without papers, but that decision was beyond my control. All I want now is a chance to return to the United States to be with my family and to have the opportunity to continue with my educational goals. I do not consider that I am trying to “immigrate” to another country, I am simply trying to stay in the country that I call home.
I wonder if Mayra has appealed the Counselor Officers decision because as a minor, she had no control over her actions. Unfortunately, without a successful appeal, she has no right to be in the US and would have to make a life in Mexico. I feel bad that she got poor advice from attorneys who gave her wrong information.
I smell ignorance alllll the way here. Heck, I dont ever comment but you my friend needed a special response
Nobody here cares what generation you are, clearly you have 0 grasp of the immigration system.
Crystal, I never appealed because I was never told I could do that. I read about it 3 months after the decision was made because I was researching any possibilities that I could return before 10 years, and we only have 30 days to appeal. I’m hoping they will allow me to do it now, and maybe this time take into consideration the fact that I was a minor.
You are a Mexican citizen. Go to Mexico; do be sure to visit us on vacation though!
I am her fiance, an American citizen.. what u said ( americanUnlikeYou) was uncalled for. You need to get another hobby other then talking trash to people like my fiancée that is actually trying to do the right thing. People like you give Americans a bad name.
by the way she is not “trash” or “flith” if u would read the petition I wrote u would see that.
I would suggest that you grow up, and find something else to do with your life other then spamming peoples post and talking down on them. How about you put your beer down, stop beating your wife, and step out of your mobile home… you ignorant Redneck
Where did I say your girl was trash? I said she was a Mexican citizen; any implication from that is yours.
Why should a Mexican citizen be allowed to stay in the US illegally? Because she wants to? Pal, there are 3 billion Third Worlders who’d like to come here. Sorry, it isn’t happening. American citizens have a right to their own country.
I’m delighted you think I’m some redneck. I’m a highly educated professional living in a big city, with a pretty influential job. Don’t care if you don’t believe me; it amuses me that you’d never guess who I am…
…. because there are tens of millions of us who feel the same way! That’s why your beloved DREAM act got defeated, by the way.
Go live with your little Mexican girlfriend in Taco, Chihuaha and don’t forget to write!
I’m only getting the “trash ” talk from your other post. i dont care what job u have a racist is a racist.
Why dont you just go back to your KKK meeting and stop saying hurtful and rude things to people.
I also don’t care who you are, you sound like a lonely and angry person that needs to grow up and I’m sorry for calling you a “redneck” i meant Bigot my bad. Oh, and Mexico is not a third world country. If you are educated you would know that.
Now this is amusing – talking to some punk so desperate for tail he has to go for a Mexican!
Look buddy, Mexicans are fine as long as they stay in Mexico. It’s not hurtful or rude to insist that the US is right to enforce its own sovereignty. I’m being as civil as I can to you, but let’s face it, the only reason we are having this discussion is that you couldn’t get an American girl to date you!
Too funny. Anyway, yes, my poor lovelorn friend, Mexico is a Turd World country. No one wants to live there and, like living next door to a landfill, a lot of the smelly trash has come to our shores. Now we just want to send it back. We can be nice about it, or we can not be nice.
Look, im not some ” puck” i work in law enforcement. I could say and comment to you as hurtful as you did me, but im not .. and everything you just said Sr. is indeed racist.
I have better things to do with my life and my time rather then go around and around with someone as hard headed and as close minded as you.
so im going to leave with this, I hope u have a wonder life and I hope to you a the success one can get. What i think, and what you thing are very different, but yet .. that is what America is about the right to speech, press, and all that.
Even though i dont agree with what u say, i to respect the right that you can say it.
All that im asking Sr. is next time can u please, not come off so hurtful and rude
have a good night and God bless
and sorry about the typos its very late and i have work in the morning
OK, I went on your site (linked at the top of this article). My comments:
1) The girl is cute!! I see why you are into this. You don’t want to miss these ten years – totally getting you on this one.
2) Can you explain why she has a 10-year ban? Hell, if it makes sense *I* will sign the petition.
For one , im sorry about our misunderstanding. Anyways, yeah i love her very much she was the only girl that i found i could trust. i dated around and always got hurt, but Mayra is different.
Ok to the point, because her parents crossed the border twice, and obviously mayra being a minor had to go with them. the section of the law that punishes people for crossing more than once doesnt have a minor exception clause…so she was punished for it too even though I was a minor and have no criminal record. Durring her “interview process” of that is what u want to call it, they didnt even look at the paperwork her lawyer made, they just looked up her parents record and charged her for THEIR crimes. kind of like a childs parents commented criminal trespass .. and they cant find the parents, so they charge the child… i dont know about you, but that does seem wrong. all that we want is for her to get a fair shot at the interview process .. and pay attention to everything that she has done for people and her community and how she is a great person. that earned her right to be a citizen. More then most undocumented people.
even though she** was a minor ( sorry is was sending me everything again of what happend ,”copy and past” u see lol)
Some advice:
You need to tell the story in a more clear and concise fashion. I didn’t understand it from her posts or yours here, nor from your blog.
Is this the story:
“An illegal alien cannot cross the US / Mexico border more than once. If they do so, they incur a 10-year exclusionary ban for applying for residency and citizenship.
My girlfriend crossed the border twice, but she was a child at the time. She should not be held accountable for doing this -she was a child! It is inhumane to impose the same 10-year ban on her that would be imposed on adults doing the same action.”
Is this correct? If so, (1) post something like this so people can understand the bloody story and (2) I will sign the petition.
lol, yeah that is correct .. im sorry about the confusion i had a lot of typos.
Typos are not the problem. Telling the story coherently is.
It sounds like what happened to your girlfriend is desperately unfair. You owe it to her and you to articulate the story better. Hope I helped.
no problem, thank you for caring enough to help
Thank you. I liked the way you summed it all up. Its short and to the point. I guess I was trying to give as much detail about the situation as I could and I forgot to focus on getting the point across.
My pleasure. Good luck to you both.
PS – you don’t belong on this site, it has nothing to do with your situation…..
If you read the article correctly you would know that I am already living in Mexico, I have been for almost 8 months now. I am not trying to be allowed to stay in the US illegally, I am trying to return to the country legally.
You are a Mexican citizen. You are now in Mexico. End of story.
Yes I am a Mexican citizen, but my fiance is not. He is a white non-hispanic person and would have a hard time adjusting to life in Mexico. It would be 9 more years before I would get my immigrant visa to get into the US legally and then I would become a Legal Permanent Resident. After a few years I plan on becoming a US citizen. The whole point of my story on here is not to get someone to allow me to be in the US illegally as a Mexican citizen, but to allow me to return legally before the 10 years have passed, considering the fact that I was given that ban based on decision made by my parents.
Don’t worry, And everything will be fine. Just believe on God. I really want to help you what i don’t know how.
If you are trying to come here legally, I commend you. I give you credit for being respectful and going through the proper channels. There should be more people like you!
Thank you Storm. I just hope it doesn’t take 10 years! It just seems unfair that I am being punished for crossing the border with my parents when I was a minor. Hopefully they will take that into consideration and allow to me to return legally sooner than that.