California Woman Can't Return To Family As U.s. Consulates Delay Immigration Cases, Attorneys Allege

Gloria García was calved successful Mexico 42 years ago, but for 2 decades she had been building a life for herself and her family successful California and was 1 measurement distant from obtaining ineligible imperishable residency successful nan United States. Now, she says, she's suffering a achy separation from her family, trapped successful administrative limbo successful Tijuana, moreover though, she stresses, she has followed each nan rules to apply.

In 2019, García began nan process to get a family-based greenish card, which was expected to person ended successful March pinch an question and reply astatine nan U.S. Consulate successful Ciudad Juárez. But State Department authorities later notified her that they were returning her lawsuit to U.S. Citizenship and Immigration Services, claiming they needed to reappraisal a archive that, according to her lawyer, had already been approved by them.

“They wanted to make judge everything was successful order, but I find it very funny since they already did truthful successful nan last step,” said her lawyer, Fernando Romo. The U.S. Embassy successful Mexico City declined to comment. USCIS hasn’t responded to different inquiry.

“We’re seeing a different cognition successful nan consulates, a stricter attitude, looking for immoderate item to contradict aliases mobility nan process,” Romo said.

Immigration attorneys consulted by Noticias Telemundo and not connected to Garcia's lawsuit said that hold times person go longer and that interviews astatine consulates person go much difficult this year.

García and her family successful family photos.Courtesy Gloria García

Meanwhile, these days there’s “a batch of crying, a batch of anxiety, waiting for them to show america that everything will beryllium OK,” García told Noticias Telemundo via video telephone from Tijuana, 105 miles from Santa Ana, California, wherever her family lives and whom she hasn’t seen for six months.

García is joined to Tomás Ortega, 47, and is nan mother of Alyssa, 21; Tomás, 18; and Isabella, almost 3. She’s nan only 1 successful her family who isn’t a U.S. citizen, but she believed she was connected nan verge of yet achieving that status.

García emigrated from Zacatecas, successful cardinal Mexico, to California successful 2003, astatine property 19. From nan United States, she hired a lawyer to process her divorcement successful Mexico, because, she says, she had to fly a convulsive narration pinch her now ex-husband.

But location was an administrative correction successful her divorcement ruling that her lawyer resolved years later erstwhile she sought to statesman nan greenish paper process. In August 2019, nan Orange County Superior Court upheld nan correction, according to a tribunal archive obtained by Noticias Telemundo.

García started her greenish paper process pinch an I-130 petition, which allows a U.S. national — successful this case, Ortega, her hubby — to petition for a comparative to go a ineligible imperishable resident. The adjacent measurement was a impermanent waiver application, which was granted.

Gloria García couldn't be 18-year-old Tomás' graduation and watched connected video.Courtesy Gloria García

All she had near was an assignment astatine nan consulate successful Mexico. But during nan interview, nan supplier asked to reappraisal nan divorcement paperwork.

“They’re expected to cheque that everything is successful bid and make a determination based connected nan accusation already submitted,” said Romo, her attorney. USCIS had already approved nan divorcement document, truthful “by nan clip I sewage to nan interview, it should person been a five- to 10-day process,” he said. He added he was “confident” that "immigration will rectify” and o.k. García's case.

However, it has been six months without immoderate news, and there’s nary certainty it won’t beryllium overmuch longer, Romo said.

“It’s incredibly frustrating for us," he said. "We can’t ideate really she feels, but that’s nan strategy we unrecorded in, and it’s nan strategy we were dealt.”

According to USCIS, arsenic of July, 2.4 cardinal applications for family-based residency were pending; 80% had been connected clasp for much than six months.

After she learned of nan consulate’s decision, García traveled from Ciudad Juárez to Tijuana to beryllium person to her family successful California. Unable to return to nan United States, nan family decided to person their youngest daughter, Isabella, enactment pinch García for her to attraction for because nan woman has ptosis, an oculus information that prevents her from focusing, and they besides deficiency nan resources to salary for time care.

The mother and girl unrecorded successful a humble room for which they salary monthly rent successful a working-class vicinity of Tijuana arsenic they hold for news.

Kathia Quiros and José Gutiérrez, migration attorneys who aren't progressive successful García's case, said they've besides seen that nan State Department has tightened consular processes successful nan existent Trump administration. “Scrutiny is greater successful immoderate cases — location are immoderate migration officers who are reviewing everything nan USCIS agency does and are uncovering caller reasons to contradict cases," Quiros said.

García's family lives successful Santa Ana, Calif.Courtesy Gloria García

“We’re noticing that migration authorities are looking for other, sometimes practically insignificant, method reasons to unit nan personification to correct nan problem, and that makes nan process return longer,” Gutiérrez said. “People are being forced, astatine best, to walk months abroad.”

In July, García’s hubby and 2 different children crossed from California to Tijuana to observe Alyssa’s 21st birthday. They shared a repast of wings and spent a fewer hours together, an acquisition García treasures successful a short video successful which they are seen smiling.

“It’s very difficult to time off my children. Even though they’re adults, we’ve ever been together. I person my girl pinch me, but her dada leaves, she’s crying, she wakes up successful nan mediate of nan nighttime crying, looking for him,” she said.

The telephone has been her only ally: It was done a video telephone that she watched Tomás’ precocious schoolhouse graduation.

Ortega said: “The family is simply a team; nan squad has to beryllium together. The region affects us, emotionally and financially."

"A portion of america stays there," he said. “It’s difficult because you person to live, salary bills present and there. Wherever you are, you person to support paying.”

García's girl Alyssa said they've ever depended connected their mother, "not truthful overmuch physically but emotionally. ... Sometimes I can’t spell done my time without reasoning astir nan truth that we’re successful this situation."

García asks only that migration authorities reappraisal her lawsuit arsenic soon arsenic imaginable truthful she tin “do nan correct thing” and return to her family. “That’s what nan president wants, for america to do things right. We’re doing nan champion we can,” she said.

Alyssa hasn’t mislaid dream and acknowledges that her mother “has had to carnivore nan brunt” of nan separation.

“Half of maine is proud that they’re fighting these issues that we person and that my mom is fighting honestly and correctly," she said. "I’m very proud of her.”

An earlier type of this article was first published successful Noticias Telemundo.