News Harvard junior took dying mom to Mexico, now stuck

[brassmonkey]

LOS REYES LA PAZ, Mexico (AP) ? The chemotherapy stopped working last spring, as did the radiation. Doctors had already removed a kidney. So Harvard University junior Dario Guerrero Meneses did what any computer-savvy millennial might do for a dying parent ? he searched online and acted quickly.


Guerrero found clinics offering alternative treatments in Mexico and took his mother across the border, hoping to keep her alive. In an immigration system where even the smallest mistake can bring dire consequences, Guerrero knowingly broke a rule by leaving the U.S. without federal authorization. It may have been the most costly decision of his 21 years.

"He panicked. His dad and mom wanted him to go, and he did the best thing he thought he could do for his family," said his lawyer Alan Klein. Guerrero had lived in the United States illegally since he was 2. His parents brought him from Mexico City to California, and they overstayed tourist visas. He breezed through school, earning a scholarship to a John Hopkins University summer school program at 13. Eventually, along with hundreds of thousands of other young immigrants, he was granted a temporary reprieve from the threat of deportation under a 2012 Obama administration order.

The catch: If these immigrants ever leave the U.S. without government approval, they lose their protected status. Guerrero was at his mother's side when she died weeks later. But now, instead of cramming for exams in Cambridge, Massachusetts, the film studies major is stuck at his grandparents' house in a gang-controlled suburb of Mexico City, hoping to persuade the U.S. government to let him come home.

Guerrero's initial re-entry request was denied, so now Klein is requesting a special "humanitarian parole," which the government grants "based on urgent humanitarian reasons or if there is a significant public benefit," according to the U.S. Citizenship and Immigration Service website.

But the agency cautions against trying use it to avoid normal visa procedures. Last year, it approved only about a third of the humanitarian parole petitions it received. Agency officials declined to discuss any details of Guerrero's case because it is ongoing. However, spokesman Chris Bentley said "Immigration law is complex; Anyone considering taking an immigration action needs to clearly understand the potential consequences of that action first."

Guerrero told The Associated Press that he submitted two requests for fast-tracked permission to leave while his mother's health declined, and was asked to more fully document his mother's medical condition. He could have tried to plead his case in person, but he left instead before getting an answer.

"My mom had a lot of ups and downs," he said. "The decision to actually leave was made overnight." Miami-based immigration attorney Ira Kurzban says it's not infrequent for immigrants to lose their legal status by leaving the country without permission. It happens when they go on cruise ships ? thinking they haven't really left the U.S. ? or take off due to a family emergency. Many discover only later that they can't return, or are barred for entering for as much as 10 years.

"There's no question (Guerrero) didn't follow the rules. The question is what the penalty should be," Kurzban said. Any immigrants with pending cases need permission to go abroad, which is not difficult to get eventually, if their requests are deemed valid. But those who don't wait for sometimes slow responses are considered to have voluntarily given up their effort to remain in the U.S.

Advocates say it should be easier for immigrants who have lived in the U.S. for many years to get permission to travel. Visas for skilled H-1B temporary workers already allow travel internationally without preapproval, and giving others this freedom would reduce heartbreak and add only minimal administrative work, Kurzban said.

But no such provisions were included in last year's immigration reform bills, and they aren't expected to be included in any executive action President Barack Obama might announce later this year. Kurzban thinks that's because the issue affects a relatively small group, and there are so many other priorities.

Rocio Meneses Diaz died Aug. 14 at the age of 41 at her oldest brother's house in the central state of Guanajuato. Guerrero's 16-year-old brother also was by her side. As a U.S.-born citizen, he is allowed to travel freely. Their father, a building contractor in the U.S. illegally, stayed behind at the family's Long Beach home with their 9-year-old sister.

Guerrero says he regrets his rash decision most of all because he thinks his mother would have been happier living her final days in Southern California with her husband and children, "but then we still had hope ? and if we delayed that treatment any longer because of immigration issues, I don't think I would have been able to forgive myself."

Guerrero's parents had kept his immigration status secret for years. They came clean only when he began taking community-college engineering classes while still in high school, and the Social Security number his parents submitted bounced back.

Before her death, Guerrero's mom opened up about the past and her reasons for leaving Mexico: Her father had been kidnapped twice; her father-in-law and other relatives faced extortion; armed thieves broke into her clothing and jewelry store, holding a knife to her stomach.

Guerrero recorded her stories and her struggle with kidney cancer, hoping to turn it into a documentary back at school. Instead, he's passing time in a room next to a garage just big enough to fit his twin bed and bureau. A picture of his mother and a single rose hang above the bed. His grandparents rent out the nearest bathroom during weekends for a pop-up street market. Guerrero sees his cousins after they get off work, and "writes poetry and stuff" at night.

Former Harvard lecturer Eoin Cannon, who taught history to Guerrero, was surprised to learn of his student's predicament. Cannon described him as "one of the most thoughtful and creative and original students that I had the pleasure of teaching," and "an exceptional writer." Guerrero tackled homelessness in a student film, and later co-produced "A Dream Deferred," a documentary about other immigrants like himself at Harvard.

"He's as American as anyone I know," Cannon said. "The law needs to sort of recognize that and have a mechanism for accounting for that ... For the law not to be able to handle his kind of case is hurting America."

Guerrero says it's been liberating to have no term-paper deadlines to worry about, but the lack of a routine keeps him edgy. He watches his back when he ventures outside. Crime cartels have moved in, extorting neighborhood businesses. Weeks ago, a relative was mugged and shot in the stomach.

Harvard has been supportive, granting him leave and helping him find sympathetic ears in Washington, including Sen. Dick Durbin, an Illinois Democrat. Guerrero now talks about when he'll return, not if.

But when asked what's hardest about being stuck in Mexico, he loses his bravado and his voice drops to a whisper: "That I don't have a mom anymore."

full article...

[MiamiBoyz]

Gotta love the USA and it's fucked up immigration "laws". What are laws anyway but man made rules that can be changed at will. As far as I am concerned they are keeping an American citizen out of the USA which is a violation of his constitutional right of free travel and movement.

Period

[atom]

Kind of on-topic. So my neighbor and the guy kitty corner to me in my back yard both went to Mexico to seek alternate forms of cancer treatment - about 5 years apart from each other. Both are dead. Both had their houses taken back by the bank and both families were kicked to the curb. Sad really...

[Captain Kawaii]

Boo fucking Hoo. No sympathy.

[_Richard_]

Originally Posted by atom

Kind of on-topic. So my neighbor and the guy kitty corner to me in my back yard both went to Mexico to seek alternate forms of cancer treatment - about 5 years apart from each other. Both are dead. Both had their houses taken back by the bank and both families were kicked to the curb. Sad really...

first they came for the farmers..

[MrTrollkien]

This is where the immigration policy (and people saying we should keep him in Mexico) fall short because people act like he is a criminal. This kid was brought here when he was 2, he attended school, and was obviously smart enough to get into John Hopkins at 13 and now Harvard. Why would we want a kid that has this much to offer to be sent to another country simply because he was born somewhere else?

[dyna mo]

thanks obama!

[420]

Maybe America should have an entry fee. Everybody is welcome as long as they pay $800 each. Who gives a fuck if you can remember that god created etats unis in une semaine. L2google and its all good.

[brassmonkey]

Originally Posted by MrTrollkien

This is where the immigration policy (and people saying we should keep him in Mexico) fall short because people act like he is a criminal. This kid was brought here when he was 2, he attended school, and was obviously smart enough to get into John Hopkins at 13 and now Harvard. Why would we want a kid that has this much to offer to be sent to another country simply because he was born somewhere else?

id like to know who's paying for harvard its really fucked upo when people like this use the system and not pay back into it. there are millions doing it that's why the debt is bad.

[Brent 3dSexCash]

Maybe he should try to sneak across the border.

The only thing that stuck out to me in this article is that an illegal was granted a scholarship and that his family was mooching off our healthcare system.

I dont blame anyone for sneaking over the border or overstaying visas to come here ( I would do the same) but you deal with the consequences of that decision for yourself and family if you make that decision.

[Joshua G]

dont know why he bothers with the law. he should just walk back into USA like millions of others like him.

then he should go to white house & walk into front door. It will be unlocked. no guard dogs will come after you. & the guard who confronts you will be a woman whom you can toss aside, no problem!

[Due]

Originally Posted by brassmonkey

id like to know who's paying for harvard its really fucked upo when people like this use the system and not pay back into it. there are millions doing it that's why the debt is bad.

Why do you care ? Its a private school meaning the amount of tax dollars spend on this is very limited. Far less than if he was in public schools. It also states he is receiving scholarships .

From that it's pretty clear that:
1: He is not taking anything away from you. If you had gone through your academic carer with the same dedication as he did, you too could have what he worked hard for.
2: What is he supposed to pay back ? They are not letting him into the country. What did he get that you are entitled to ?

P.S. Are you being sarcastic ? I find it hard to believe you actually tried to be intelligent...

[brassmonkey]

Originally Posted by Due

Why do you care ? Its a private school meaning the amount of tax dollars spend on this is very limited. Far less than if he was in public schools. It also states he is receiving scholarships .

From that it's pretty clear that:
1: He is not taking anything away from you. If you had gone through your academic carer with the same dedication as he did, you too could have what he worked hard for.
2: What is he supposed to pay back ? They are not letting him into the country. What did he get that you are entitled to ?

P.S. Are you being sarcastic ? I find it hard to believe you actually tried to be intelligent...

you forget the other parts of it if he gets aid that means he cant afford it. meaning he's probably getting free everything. at least he can suffer now. he wants to come back and continue taking!! always work at the mexico coca cola factory

[Joshua G]

goes to show the level of dumbass harvard will take in order to make quota.

[woj]

the whole setup we have is kinda twisted... so we probably spent few hundred thousand educating the guy, and now instead of letting him use his knowledge to help the US economy (and pay ton in taxes while he is at it)... he will do that in Mexico instead...

it makes no sense at all...

[Due]

Originally Posted by brassmonkey

you forget the other parts of it if he gets aid that means he cant afford it. meaning he's probably getting free everything. at least he can suffer now. he wants to come back and continue taking!! always work at the mexico coca cola factory

Sorry you fail once again..

"The U.S. Citizenship and Immigration Service did a great thing," his attorney Alan Klein said. "He should be back in America in a few days." "This is the perfect (humanitarian parole) case," Klein added. "He knew that he could possibly give up his right to be here so he could take care of his mother. He's the reason we have immigration, and he's the reason we have a Statue of Liberty because he is what we want here."

He's probably back before the weekend

[baddog]

Originally Posted by woj

the whole setup we have is kinda twisted... so we probably spent few hundred thousand educating the guy, and now instead of letting him use his knowledge to help the US economy (and pay ton in taxes while he is at it)... he will do that in Mexico instead...

it makes no sense at all...

He is probably just sending money back to Mexico anyway

[brassmonkey]

Originally Posted by Due

Sorry you fail once again..



He's probably back before the weekend

yeah right!

[NALEM]

Originally Posted by brassmonkey

Guerrero knowingly broke a rule by leaving the U.S. without federal authorization. It may have been the most costly decision of his 21 years.

"He panicked. His dad and mom wanted him to go, and he did the best thing he thought he could do for his family," said his lawyer Alan Klein. Guerrero had lived in the United States illegally since he was 2.

The catch: If these immigrants ever leave the U.S. without government approval, they lose their protected status.

Guerrero's initial re-entry request was denied, so now Klein is requesting a special "humanitarian parole," which the government grants "based on urgent humanitarian reasons or if there is a significant public benefit," according to the U.S. Citizenship and Immigration Service website.

Guerrero told The Associated Press that he submitted two requests for fast-tracked permission to leave while his mother's health declined, and was asked to more fully document his mother's medical condition. He could have tried to plead his case in person, but he left instead before getting an answer.

I remember this French guy I worked with in California about 20 years ago. Had a work permit and was applying for residence. Paying taxes and all. Several years into living in the US with his family coming to visit him occasionally ... his old father is dying at home in France. He puts in a request with the appropriate documents for INS to leave and was denied several weeks later. Remember dad is on his death bed. WTF.

We faxed a letter with supporting documents to a female Senator in San Francisco, whose team made back door contact with INS officials, and got the denial reversed, and the approval expedited.

Back then we had a back up plan to have him fly out/in from Mexico City to Paris, and then I was going to drive him across the relatively easy/open border we had back then.

He arrived hours before his father passed away.

Immigration has been broken for 20 plus years.

[Matt 26z]

I feel sorry for him, but the US can't be the promised land for every Mexican and central Amerian undergoing hard times. To those people, the US immigration system is broken as long as they can't come and go as they please.

[tony286]

News flash no gov program will pay for harvard. Either he has loans or got a scholarship.

[slapass]

You guys are missing the whole deal. He did not have the proper docs. The guy at the border couldn't let him in as he did not know if he was really at Harvard etc. There was no way to say, oh Harvard? Grew up here? Yeah, you are good.

[VikingMan]

That kid needs to swim back across like the rest of his countrymen. What the fuck is he waiting for????

[Horatio Caine]

I assume all of you are Harvard grads?

[sperbonzo]

Originally Posted by MiamiBoyz

Gotta love the USA and it's fucked up immigration "laws". What are laws anyway but man made rules that can be changed at will. As far as I am concerned they are keeping an American citizen out of the USA which is a violation of his constitutional right of free travel and movement.

Period

Right? The US is MESSED UP!

Why is the US the only country on earth like this??? I mean, every other country in the world has open borders, no rules, everyone is allowed to come and go as they want, if you violate some silly form or whatever, it's not like any other country will throw you out for that, over staying visa's has NEVER been an issue in any other country, not in Europe, not anywhere, and certainly Mexico never treats people that way and the US is just crazy cruel and......





..... oh....... wait........








.

[Due]

Originally Posted by sperbonzo

Right? The US is MESSED UP!

Why is the US the only country on earth like this??? I mean, every other country in the world has open borders, no rules, everyone is allowed to come and go as they want, if you violate some silly form or whatever, it's not like any other country will throw you out for that, over staying visa's has NEVER been an issue in any other country, not in Europe, not anywhere, and certainly Mexico never treats people that way and the US is just crazy cruel and......





..... oh....... wait........








.

I'm waiting to go in front of an immigration judge in order to get a denial of my green-card renewal reverted. The immigration officer that denied my green-card extension didn't believe it was sufficient evidence of a real marriage that we build a house, got a car, health insurance, 2 dogs, travelled together etc etc..

Last week I had to go to the immigration services to get a special permission in order to travel for business. It took a bit of going back an forward but in the end they extended my residence status for 6 months allowing me to travel, had I just left I would have been barred from re-entry and lost all options to return. The only reason I got it was because I could demonstrate having 20+ people on payroll over the past couple of years (although I don't have that now).... I could show I was "adding" to the local economy..

The system is fucked up because of people like brassmonkey that "see a immigrant" that is receiving something and automatically assume that their gain is his loss....

[dyna mo]

Originally Posted by Horatio Caine

I assume all of you are Harvard grads?

he was a film studies major, how hard can harvard make watching movies and writing up some BS about them?

based on this guy's being stuck in mexico, it seems not very hard.

[Captain Kawaii]

Originally Posted by Brent 3dSexCash

Maybe he should try to sneak across the border.

The only thing that stuck out to me in this article is that an illegal was granted a scholarship and that his family was mooching off our healthcare system.

I dont blame anyone for sneaking over the border or overstaying visas to come here ( I would do the same) but you deal with the consequences of that decision for yourself and family if you make that decision.

We can't expect mooches to understand accountability.

[lezinterracial]

Go to Mexico for drugs or women. I wouldn't go for medical treatment.
https://www.youtube.com/watch?v=OcbjpZfeaOY

Sad story though.

[GAMEFINEST]

He is coming back, they granted him visa