10 YEARS WITHOUT STATUS IN THE U.S.: M.A.'s Real Immigration Story

LISTEN to M.A.'s Immigration Story Part 1
LISTEN to M.A.'s Immigration Story Part 2

What if you lived your life without a name for 10 years? There would be no way for someone to address you and no way of identifying who you are. Without a name, it’s terribly difficult to do basic things—like drive a car, go to school, go to the doctor, use a credit card, take a vacation out of the country, or even just to exist. Living in the United States without status is like living in the world without a name.

M.A., a 33-year-old native of Cuba, lived in the United States for 10 years without any form of legal status. In an August 2009 interview with me, she explained that she would have been eligible for status as a Legal Permanent Resident (LPR) after only one year, in accordance to the Cuban Adjustment Act of 1996; however, her lack of understanding of the laws in America robbed her of her ability to obtain status in this way.

*Note: People residing in the U.S. who are deemed inadmissible or able to be deported by the Department of Homeland Security are served a "Notice to Appear" in immigration court, where their future is decided.

Factors that made M. inadmissible to the U.S. for status as a Legal Permanent Resident:

• She was convicted of organized fraud in 2002
• The crime is classified as a crime involving moral turpitude
• The classification of the crime disqualified g her from applying to the U.S. as a refugee.

According to the Department of Homeland Security’s Annual Flow Chart Report of Refugees and Asylees, 4,177 Cubans who were granted refugee status in the U.S. in 2008

The sad thing really is that M. unknowingly committed this crime, which is something that happens to many immigrants to the U.S. They come to the United States, try very hard to create a life for themselves, and they think that they’re doing the right thing—until, in a split second, their life changes for doing something that probably would never be considered illegal in their country. M.'s friend asked her to give a check to another person and, because she wanted to help, she thought nothing of it. Little did she know that she was the middle man amidst a money laundering scheme. A classic scenario ensued: M.’s innocent decision to help a friend out cost her ability to gain status in the United States for ten years.

For M., living without status meant constantly applying and re-applying for a permit for work, for a driver's license, and for car and health insurance. She explained that she never really knew what path her life would take--every day was like a giant question mark. M. was constantly depressed and anxiety-ridden. Her life revolved around obtaining legal permanent residency. M. was also unable to travel outside of the United States, which was heart wrenching because nearly her entire family resides in Cuba.

As time passed, M. tried to create the best possible life for herself. She became an airplane mechanic and an avionics technician. In addition, she remodeled an entire home by herself and explored a passion for photography.

M. spent years dreaming of status a Legal Permanent Resident and, finally, her dream came true on June 19, 2009, when she was granted an "extreme hardship" waiver known as a 212(h) by Judge Charles J. Sanders. The waiver was filed on behalf of her U.S. citizen mother and outlined how she would suffer an extreme hardship if her daughter was forced to return to Cuba and/or had no status in the U.S.

Finally, M. was given another opportunity to create herself in a free country, with the rights and freedoms she deserved after residing in the U.S. for 10 years. M.A. is currently a student at Barry University, majoring in marine biology, and is working as an airplane mechanic. She recently reunited with her family in Cuba after a decade of separation. Finally, her life and her dreams are on track, and she could not have done it without her status as a Legal Permanent Resident.M. visiting her birth place: La Vibora in Havana, Cuba