Paperwork problems with immigration officials may mean Daniel and Raquel Torrres may be deported from Coos Bay to Mexico. They are working to get a hearing before an immigration judge. World Photo by Lou Sennick
A Mexican immigrant family living in Coos Bay for the last five years may soon be forced to leave the United States due to what they say was a minor paperwork glitch with U.S. Citizenship and Immigration Services.
"The law doesn't have a heart," said Daniel Torres, who is 42.
Torres is trying to win the audience of a federal immigration judge within the next few weeks -- and give his family's life here one last shot -- before packing and heading south of the border.
The ordained Baptist minister who's preached for five years at First Baptist Church in Coos Bay, is praying -- along with his wife Raquel -- that someone will intervene before they're forced to leave the country with their two young children.
For the last three years Raquel has worked at the Coos County Health Department in the Women, Infants and Children program where she helps low-income women and children make healthy nutritional decisions.
However, both of their work permits are due to expire this month.
The couple came here in 2001 from Tijuana, Mexico. They had made some connections with members of the Coos Bay Baptist Church some years before when members of that congregation traveled to Tijuana to help build homes. At his newfound friends' urgings, coupled with a desire to pursue a master's degree in his religion (there was no school for him to do so in Mexico, he said) Daniel obtained a religious visa that allows foreign nationals to work in their religious profession for up to five years in the United States.
Within days of entering the country in 2001, Daniel applied for a green card, which, after a five-year waiting period, would allow him to become a permanent legal resident. With a green card, Torres could then help his wife obtain one, and both would be on their way to becoming U.S. citizens -- just like their 4-year-old boy Zabby, and 3-year-old daughter Zeirel.
But the Torres' never got that far, in part, they say, because of the nightmarish bureaucratic and political maze that surrounds U.S. immigration policy. Many immigration experts agree that the laws governing immigration have been snowballing for the last two decades.
"It's complex to the point of absurdity," said Stephen Manning, an attorney with the Immigrant Law Group in Portland. "The tax code is simple compared to immigration law."
Confusion abounds
To make matters worse, in the spring of 2001, while in the process of trying to obtain his green card, Daniel also was fighting the clock.
In the waning days of the Clinton Administration, Congress passed a law extending the period of time that so-called "special immigrants" -- including religious workers like Torres -- could file for green cards. According to the U.S. Citizenship and Immigration, the Torres entered the country on April 11, 2001 -- 19 days before the crucial April 30 deadline when those wanting to take advantage of the green card extensions had to be filed.
According to documents Immigration Services sent to the Torres, the agency received their preliminary greencard paperwork before the deadline. However, the Torres inadvertently paid $25 more than they should have. Immigration Services rejected the application.
But it took months for the Torres to learn of the mistake.
The first clue that something wasn't right came when their check was returned a few weeks later. However, the Torres said there was no supporting documentation explaining why, or more importantly, if the paperwork had gone through.
"They kept the papers so we thought we were fine," Raquel said.
However, after months of phone calls, and getting no answers, Raquel said they finally learned in a letter that Daniel had indeed missed the deadline. According to Immigration Services, the Torres' green card application was not officially filed until the fall of 2002 -- well over a year past the deadline.
"That's when our life became complicated," Raquel said.
An immigration official explained to Torres in a letter that his original paperwork was rejected due to the overpayment, and that he was not eligible to apply for a green card because he violated immigration law by working illegally. The letter did not specify when that occurred.
Regional Immigration Services spokesperson Sharron Rummery would not speak directly about the Torres' case.
The Torres' best guess is that immigration officials believe Daniel's work occurred when Daniel continued assisting at the church, not knowing whether his green card application had been accepted.
"We think that the mistake was a technical mistake," Raquel said. "We were not trying to deceive anyone."
In retrospect, the Torres now say they should have hired an immigration attorney immediately upon entering the country instead of relying on advice from the American Baptist Church of Oregon based in Portland. The lack of expert advice left them guessing for too long.
"We try to do everything legally -- always," Daniel said.
Effects of 9/11
Some supporters believe the Torres' ordeal -- as well as hundreds of thousands of immigrants across America -- was made worse by 9/11 terrorist attacks. Gary Rice, pastor at First Baptist Coos Bay, said the attacks' impact on immigration law cannot be overlooked.
"What it means is that pretty much indiscriminately any immigrant, no matter how innocent their motives, are scrutinized and put through a sieve," Rice said. "That is why it requires an immigration lawyer."
The Torres' saga has captured the attention of Oregon Republican Sen. Gordon Smith. Many of Torres' friends and supporters have called Smith's office in recent weeks, said Tucker Bounds, a Smith spokesman.
"These are good, upstanding citizens from the Coos Bay community," Bounds said. "We are looking for a way for them to legally pursue residency. Currently, we are looking to have their case, their application, to gain a green card, re-opened."
In the five years they have been in this country, the Torres have taken part in a number of community service organizations, including working with the Commission on Children and Families, the Boys and Girls Club, working part-time at the Family Planning Clinic, teaching Spanish classes and holding bible study courses and piano lessons to name a few.
"We have people who live in this country, and live here illegally for years," said Rep. Arnie Roblan, D-Coos Bay, who was contacted by the Torres for assistance. "And, here you have these people who are trying to go about it the right way. It's very frustrating."
Phyllis Olson, Raquel's supervisor at WIC agrees. She's witnessed Raquel reach out to hundreds of Latinos on the South Coast over the years and gained the trust of clients that no one else could reach.
"She is there for these people," Olson said. "It's a kind of mission for her."
Bounds said Smith's office is prepared to work with Immigration Services on the issue and recently asked Torres to seek 100 people to sign a petition on their behalf. It took Raquel less than 24 hours to get 106 signatures earlier last week.
But, according to Manning, who is not familiar with the specifics of the Torres case, that may be easier said than done. While he's aware that Smith's staff often helps immigrants unclog the bureaucratic process, Smith's office will not be able to help the Torres get around the facts of the case -- whatever those are.
"They can help undo the bureaucracy, but they cannot help undo the law," Manning said. "Unless they go through Congress, of course."
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