Client from China
Another FIAC client comes from China,and is now living in Vero Beach. She was in an abusive situation with her United States citizen husband. She has 2 young daughters, and was recently the recipient of a Habitat for Humanity house. She\'s an incredibly hard worker and a constant inspiration. Her husband was discharged from the military and promised her a dream life in America. When she came to Stuart pregnant with her second child and her infant daughter in tow, he housed them under a makeshift tent made from tarp and rope, where they lived in their first year. He would leave her alone there all day and would bring her to a church for free food once a week. They basically ate stale bread and peanut butter for almost a year and a half, while they moved from one dwelling to another between Stuart and Ft. Pierce. A neighbor at a Ft. Pierce motel where they had stayed reported her husband\'s abuse to the police, and she was taken to a SafeSpace shelter, which contacted FIAC. She has since divorced her husband, and is now working several jobs so that she can eventually sponsor her mother to come over. FIAC helped with getting her public benefits (day care for the 2 girls), an attorney through FRLS for her divorce, and the filing of her immigration applications.
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Victor\'s story
Victor is a 19-year-old Mexican young man. He came to the US in 1992 when he was 8 years old with his mother. His father has never been around and Victor knows very little about him. Victor states he believes his father was abusive to his mother and that his mother came to the US to escape FROM the abuse and poverty. Sometime after their arrival in the US Victor\'s mother started a relationship with a man who moved in with them and became Victor\'s stepfather. Victor\'s mother and stepfather had two daughters together, who Victor loves very much. In 1998 DCF got involved because of reports of domestic violence in the home. Victor\'s mother and stepfather were ordered to receive domestic violence and anger control management classes but the situation did not improve. There was also an incident in which the stepfather allegedly injured Victor\'s back when Victor tried to defend his mother FROM his stepfather with a baseball bat. In 2002 a Juvenile Judged adjudicated Victor and his sisters dependent because of physical and emotional abuse. Shortly after, Victor was referred to FIAC for assistance with Special Immigrant Juvenile Status (SIJS). His petitions for SIJS and legal permanent residence are currently pending with the USCIS. During Victor\'s adjustment interview the USCIS officer stated that his sources had indicated that Victor was residing with his mother, which would make him ineligible for SIJS, and Victor explained to the officer that he was staying with his girlfriend and her mother. The officer stated that he would make a decision as soon as Victor\'s fingerprints cleared. Recently the USCIS officer handling his case told FIAC that he had not made a decision because of the question about Victor\'s relationship to his mother. Officer Nunez stated, \"we are unclear about the law in these cases and about the degree of contact these children shall have with their parents\", so the case is taking a long time to be resolved. In the meantime Victor is doing everything he can to secure a future for himself. Victor is a very talented artist. He is going to Miami Dade School of Art where he will get his associate degree. He also works part time at Blockbuster where he was named employee of the month in February 2004. Last year he exhibited his work at the Museum of Contemporary Art in Miami Beach and won a scholarship FROM Latino Art Beat. He also won a Bright Futures Scholarship and a scholarship FROM his school. One of his pieces is being exhibited in the Cervantes Institute in Chicago and he has also been invited to exhibit his work at the Manny Diaz Gallery and the One Ear Society Gallery in Coconut Grove.
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Three Sisters FROM Mexico
Frida, Carolina and Cristina, three sisters FROM Mexico were taken INTO custody by the Department of Children and Families in DeSoto County. Two of the girls, ages 18 and 14, had been sexually abused by their U.S. citizen father. The younger sister was also removed FROM the unfit and unsafe household. The older girl had been abused by her father since she was 5 years old. When she told her mother what was happening to Carolina and as well as herself, their mother did nothing. Frida left foster care when she turned 18 and is currently living in a transitional living program which is funded by DCF. She works hard at school. Carolina and Cristina are in foster care homes. FIAC has filed VAWA applications for the two older girls who had been abused by their father and will file a Special Immigrant Juvenile application for the youngest girl once an amended special interest dependency ORDER with the necessary elements can be obtained FROM the Circuit Court
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Emma\'s story
Emma\'s story is a remarkable tale of strength and the will to survive. She is a twenty one year old FROM Nicaragua. She was brought to the United States when she was about eight years old. Her mom began dating the head of a large Nicaraguan gang in Miami. When Emma was about 11, they moved in with her mom\'s boyfriend and her life started falling apart. The boyfriend used and sold heavy drugs. His gang friends were at the house all the time, drinking, using drugs, and watching pornographic films. They were violent. Emma\'s stepfather was a monster. He beat her mother regularly. He forced Emma and her younger sister to deliver drugs for him. When Emma refused, he locked her in her room for hours, threatened to kick her out, and beat her. He also verbally and sexually abused her. Emma was terrified of him. Her mother offered no protection. Even more painful than her own abuse was watching her stepfather beat her mother and her younger sisters. Emma felt completely trapped. She tried to run away twice, but was forced back home. As a result of her stepfather\'s threats and abuse, Emma began delivered drugs for him when she was eleven. When Emma was fourteen, the police arrested the entire gang, including Emma and her mother. Emma was arrested as an adult and detained in an adult jail for several months. The assistant district attorney placed tremendous pressure on her to plead guilty and to agree to testify against her mother and stepfather. He told her she could get out of jail now with a guilty plea, or spend years in jail. A 14 year-old child, Emma was incredibly intimidated by the D.A. All she wanted was \"to get out of jail now.\" She felt she \"could not spend another day\" in that place, she was so scared. Against her defense attorney\'s advice, Emma plead guilty to three charges and agreed to testify against her mother and stepfather. Upon her release FROM jail, Emma was bounced around FROM foster home to foster home (her mother is serving a long sentence). Several years later, Emma met her boyfriend and life partner, Francisco and moved in with him. Shortly after giving birth to her first child, Emma was arrested by immigration officials because of her criminal convictions. They arrived at her home at four a.m., pounding on her door. They arrested her and detained her at T.G.K. despite her nursing baby. Francisco and Emma\'s dear friend, a former foster mother, contacted the Congresswoman Carrie Meek for help. After about a week, Emma was released but was placed in removal proceedings by the former INS. FIAC helped Emma get Special Immigrant Juvenile Status as a minor who had been abused and neglected by her parents. However, her criminal convictions prevented her FROM adjusting her status to that of a permanent resident. She was terrified of being sent back to Nicaragua, where she had not lived in years, and where her stepfather\'s family (of whom she is terrified) lives. FIAC learned that under the same circumstances today, Emma would not be charged as an adult. She was charged as an adult due to a Florida statute which was found unconstitutional subsequent to her plea. FIAC contacted the D.A. who had been on Emma\'s case to discuss the situation. Though the D.A. had never before agreed to vacate a conviction, he agreed in Emma\'s case both because of the later unconstitutionality of the statute, and because \"Emma is a truly unique individual.\" In January 2003, on the D.A.\'s motion, the judge vacated her conviction and nolle prassed her case. As a result, Emma became eligible to adjust her status. On May 6, 2003, Emma was granted lawful permanent residence by the immigration court. She is taking computer classes, volunteering at her son\'s school, and saving up to take the G.E.D. Emma wants to work in the computer industry. She feels she can finally move on with her life. FIAC is now helping Emma\'s younger sister apply for Special Immigrant Juvenile Status.
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Immigration agreed to do what FIAC was asking for.
Diego
“I am 17 years old and fled to the United States in December 2006 because I had no family to care for me in Guatemala. I was detained in Texas until they closed the place because they were investigating abuse of the children there. They sent me to Chicago, then I was taken to Miami. As soon as I got here, FIAC asked Immigration to take my case to another court (state juvenile) because I am an orphan. Immigration refused, so FIAC took my case to a higher court (federal). When the judge said I would get a hearing, Immigration agreed to do what FIAC was asking for. I don’t know how FIAC did it because it’s really complicated, but it means a lot to me to stop my deportation because I have nobody in Guatemala.” --Diego, Guatemala - Best Interest Order Entered on Diego’s behalf, 2007 Request for Special Immigrant Juvenile Status pending
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Julia Brown
Julia is a 40-year-old mother of 6, who was born in Basilan Province, Philippines. She grew up in the southern island of Mindanao, which has been internationally recognized as the home of the Abu-Sayaff, an Islamic extremist organization with known terrorist links. Her family was well-situated and able to put her through college in Manila. Thereafter, Julia worked in an international recruiting agency for foreign workers. She met her husband, Ibrahim, in 1982, and married him in 1984 after giving birth to twin daughters. In May 1999, Julia came to the US as a tourist with her husband and their 6 children. Within 7 months of her arrival, she was knocking at FIAC\\\'s door and pleading for help. After 16 years of marriage, she had finally escaped from her husband, who had systematically tortured, enslaved, and abused her throughout the duration of their marriage. Despite the Ibrahim\\\'s promises of freedom to practice her Christian faith and live a good life in his home country of Jordan, Julia was instead subject to years of torture and all forms of abuse after she left the Philippines. Her husband took her and their 6 children to live in Jordan and Saudi Arabia. Upon arrival in Jordan, Ibrahim took her passport and made her a Jordanian citizen. All her religious materials were taken from her and destroyed, and she was forced to convert to Islam. She was enslaved and locked up in her own home. Julia tried to escape several times, and even reported Ibrahim\\\'s abuse to the authorities, who did nothing to help her and sought only to shield him from her charges. Eventually, Julia conceded to him and convinced him to travel to the US with the children to visit her mother in California. While in the US, Ibrahim beat Julia in front of her family members. In 1999, he beat her and her eldest daughter in front of her uncle\\\'s home in Okeechobee, Florida. They obtained a restraining order so that he couldn\\\'t harm the children, and Ibrahim was eventually arrested and charged. He posted bond and was released. Ibrahim fled the US almost immediately and returned to Jordan. A warrant has since been issued for his arrest. Five of Julia\\\'s children also followed him home, after his repeated calls and successful indoctrination. He had convinced them that Julia was a bad mother, who did not respect their faith and their family. Julia is heart broken because she has been torn from her children. She is worried about their fate, and is aware that some of them have also been subject to physical and sexual abuse by Ibrahim and his relatives. She maintains a secret line of communication and correspondence with her children, who live in fear of reprisals from their father. Despite this, Julia is determined to stay in the US, where she can build a life for them and give them a choice in the future. FIAC successfully won Julia\\\'s asylum case before the Immigration Judge in Miami in 2002. Since then, we have filed for her adjustment of status, and have obtained approvals on all 6 of her children\\\'s asylee relative petitions. Julia and her daughter, Amal, now live in Stuart. They are taking courses in at Indian River Community College and working in full-time positions as dietary technicians. They are both hopeful that the other children will find a way to join them in the near future.
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She worked for the National Coalition for Human Rights
FIAC\\\'s client worked for the National Coalition for Human Rights (NCHR), Haiti\\\'s leading human rights organization. Due to her work on the investigation of a high profile political killing of a popular police officer (believed to have been carried out by members of his own police department), she began to receive telephoned threats at home. While she was away for work, armed men broke into her home in the middle of the night, tied up her husband in front of her two young children, and searched for her. Later, her car was rear-ended by a type of jeep commonly used by the Haitian National Police, and three armed men physically assaulted her in the street, warning her to stop her work. She went into hiding and fled Haiti shortly thereafter. She was granted asylum at the beginning of September.
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I do not trust many people but I trust my FIAC attorney.
“I came to the United States when I was thirteen years old to live with my father. But he and his wife treated me very badly. I was taken to a hospital once because I was so sad and wanted to end my life. I lived for a while with some friends but it was not a good situation and I was raped. The child welfare authorities found me and turned me over to Immigration in 2006. I was sent to Boystown in Miami where I was detained for 6 months. FIAC helped me all the time I was in detention and they got me my legal residency and helped me with all my problems. I do not trust many people but I trust my FIAC attorney. I am so happy now. I’m writing my poetry a lot and I want to go to college.” --Name withheld to protect client Granted Relief Under The Violence Against Women Act, 2007
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Me and the other women were beaten, raped and tortured by the traffickers.
Toni (pseudonym)
“I came to the United States to work but when I got here I was forced by the smugglers to work twelve hours a day, seven days a week. Me and the other women were beaten, raped and tortured by the traffickers. After I tried to escape, they took us to a field, gang raped me and the boss ordered another man to kill us. I testified against the traffickers and they were sentenced to 24 years in prison. I will never ever forget FIAC who has done everything to help me for over five years. They gave me hope. They gave me my life back.” --Toni (Pseudonym), Central American Granted Legal Status (trafficking visa) (2005)
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My life deteriorated because I had lost my immigration papers and I couldn’t work or get my social security benefits.
Florestan Ors
“I have been in this country for 48 years. I am 71 years old and was homeless for 6˝ years, until January 2008, even though I worked for four decades and paid taxes in the United States. After 9/11, my life deteriorated because I had lost my immigration papers and I couldn’t work or get my social security benefits. Thank God for FIAC because they got me immigration papers, they got me a work permit in January 2008, and they got the Social Security Office to finally give me the money I am eligible for. Now I am able to get a job, find a place to live and support myself. My faith in the goodness of people has been restored.” Florestán Ors, Cuba - Obtained work permit and Social Security benefits 2008
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I am gay and because of that I was persecuted in Honduras my whole life.
Jexon Meija
“I am gay and because of that I was persecuted in Honduras my whole life. I was kicked out of my church, fired from my jobs and even some of my own family abandoned me. In 2005 the Honduran National Police arrested me, beat me and strangled me until I thought I would die. I knew then that I had to flee my country to save my life. After a friend paid a huge ransom to the police to get me released I made it to Mexico and then to the United States. FIAC was there for me from the beginning, helping me every step of the way. They got me asylum and are like my family. I thank FIAC everyday for giving me the freedom to be myself and I hope they’re around for a long time to give to others what they’ve given to me.” --Jexon Meija, Honduras Granted asylum 2007
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Viola Robert
On the night of December 7, 2002 there was a knock on the door of the small home Viola Robert shared with her three sons and 13 year old nephew. Upon opening the door, the three eldest boys, aged 19, 21 and 22, were abducted by heavily armed masked men wearing police uniforms. Two days later Viola\'s husband discovered his three sons bodies at the local morgue.   Her sons had complained to a human rights group about police corruption and intimidation shortly before their death.   After learning of her sons deaths, Viola and her husband publicly demanded a legitimate investigation, appearing on several Haitian media programs and at rallys. Soon she and her family began receiving serious death threats and were forced to go into hiding.   Senator Ted Kennedy facilitated the family\'s departure from Haiti and FIAC contacted Sister Jeanne O\'Laughlin at Barry University who has provided free housing and other support for the Robert family since their arrival.
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Xi Mei
With Assistance of University of Miami Children\'s Clinic, Xi Mei of China, Wins Dependency ORDER in Juvenile Court; Then in One Extraordinary Day, Xi Mei Wins SIJ and Adjustment of Status in Immigration Court Before She Turns 18 Years Old Xi Mei immigrated FROM China after being repeatedly physically and emotionally abused by her parents. Her parents sold her for marriage to an older man. She was the third daughter and was unwanted in rural China where her family lived. Xi Mei arrived in Miami at the age of 17 in September 2003 and was detained at Boystown. She remained in custody until she was finally released on August 13, 2004, one day prior to her 18th birthday. FIAC represented Xi Mei since soon after her arrival at Boystown. Staff worked to obtain her release FROM Boystown and to obtain legal immigration status. Despite repeated requests, release requests were denied. Her immigration case had two viable options: 1) asylum, where she would need to SHOW that she suffered persecution in the past or that she had a well-founded fear of future persecution in China, and 2) Special Immigrant Juvenile Status (SIJS), an immigration relief providing lawful permanent residency to children under 21 who can prove they are abandoned, abused or neglected and are determined to be dependent on juvenile court. Xi Mei\'s asylum claim was strong because she had suffered persecution in China based on her religious beliefs and also because of the abuse she suffered at the hands of her parents. To obtain SIJS, Xi Mei would need to obtain an ORDER FROM juvenile court stating that she was abandoned, abused and neglected by her parents. In ORDER to apply for this order, the U.S. Citizenship and Immigration Services (USCIS), who had custody of her, would have to consent to her application in state court. Once they consented, she could proceed with the process. In Xi Mei\'s case, USCIS denied consent to allow her to apply for the dependency order. In the meantime, Xi Mei\'s immigration case needed to go forward since she was in removal proceedings before an immigration judge. While FIAC requested continuances of Xi Mei\'s immigration court hearing, USCIS continued to deny consent for her to go to state court. Finally, an individual merits hearing was set for July 16, 2004 for her asylum case. The immigration judge denied Xi Mei\'s asylum claim on that day despite Xi Mei\'s compelling story. She now had until August 16, 2004 to file an appeal with the Board of Immigration Appeals. On July 22, 2004, six days after her individual hearing, the USCIS finally gave consent to Xi Mei to go to juvenile court. The University of Miami School of Law Children and Youth Law Clinic agreed to do the dependency hearing. Many documents needed to be gathered in ORDER to file the petition in juvenile court. Xi Mei\'s parents had to be contacted in rural China and needed to be advised of their rights, including the right to be represented by an attorney and the right to notice of all future hearings. They chose to waive their rights and to allow the juvenile court to have control over what was in Xi Mei\'s best interest regarding her custody and well-being. They needed to sign waivers and consent forms. They spoke only Mandarin and all documents had to be translated INTO Mandarin for their signature. While there are language problems in many cases, in Xi Mei\'s case, there was very little time since the juvenile court only has jurisdiction until Xi Mei\'s 18th birthday. There were 3 weeks left before she turned 18. The next problem was getting the translated forms to the parents in a remote rural area of China. The forms were delivered by DHL shipping services but it took longer than usual and they had to be traced. Additionally, some forms were faxed and the time difference is 12 hours. A hearing on the petition was scheduled by the juvenile court judge for August 11, 2004, just 3 days before Xi Mei\'s 18th birthday. At the hearing, Xi Mei testified to the horrible abuse. Her demeanor showed the court that she had been traumatized by all the events of her young life. The judge granted the dependency order. At that point, she knelt on the ground, folded her hands and bowed her head to the judge in gratitude. The judge responded with admiration and respect that here in the U.S. it was not necessary to bow to anyone.     Xi Mei\'s dependency hearing took place on Wednesday, August 11, 2004. She was about to turn 18 on Saturday, August 14, 2004. Thursday morning, August 12, the USCIS announced to staff present at a meeting between USCIS and non-government groups, that they had changed their interpretation of the law and would now allow their officers to grant residency under SIJS to children only if the children were under 18 years of age. Before this change, the pattern and practice had been to grant residency at any time before the child became 21. Before the change, FIAC had 3 years to obtain her residency; suddenly there was less than 2 days!!! Logistically, there were many obstacles. First, FIAC had to prepare the petition for a special immigrant juvenile visa (I-360). Since Xi Mei was detained, FIAC had to obtain her signature. Not only that, but the normal procedure to file the form is to fax or call USCIS to obtain a filing appointment, which normally would then be scheduled at least a week later. FIAC pled with the INS supervisor in charge and explained the urgency. She agreed to accept the filing directly with a fee waiver and to schedule Xi Mei for an interview the following day. Complicating Xi Mei\'s case was the fact that jurisdiction for Xi Mei\'s case lay with Immigration Court, not the Immigration Service. Application for permanent residency (I-485) for someone in immigration court proceedings, as Xi Mei was, meant that the I-360 must be filed with USCIS. Then the court waits for a decision and, if approved, the I-485 must be filed with the immigration judge. (Luckily, Xi Mei had not yet appealed her asylum denial to the BIA, so jurisdiction was still with the local immigration court). However, FIAC needed to file a motion to reopen her case since new relief was now available. FIAC filed an Emergency Motion to Reopen the next morning. However, the immigration judge presiding over her case was not in that day. There is only one other judge at Krome FIAC asked the clerk to see if he would hear the case since it was an emergency; the request was denied. Xi Mei\'s interview with USCIS regarding her I-360 petition was scheduled for 2:30 p.m. In the meantime, other FIAC staff were in contact with the Office of Refugee Resettlement, Dean Caputo, the Deportation officer in charge of Xi Mei\'s case and Boystown staff, in ORDER to coordinate Xi Mei\'s release FROM Boystown. The reality was that if Xi Mei were not released by the time she turned 18, she would automatically be transferred to an adult detention facility. That day, Friday, happened to be the day that Hurricane Charley was supposed to arrive in Florida. As a result, Boystown staff hesitated to agree to bring her to her scheduled interview because they felt that it was dangerous. Simultaneously, USCIS needed Xi Mei\'s file FROM Krome in ORDER to proceed with the interview. USCIS threatened not to conduct the interview unless she had the file in front of her. Normal internal CIS file transfer can take about a week. However, USCIS agreed to have a courier bring it. Meanwhile, other FIAC staff called Miami immigration court to see if there was a judge on duty to take emergencies. We were informed it was Judge Horn so we sent a courtesy copy of the motion to reopen in the morning. Later in the day, FIAC learned that the back-up judge was not in. FIAC asked the clerks to find a back-up judge. They said that there was no other judge and that we should call headquarters. At last, the officer at CIS informed us of the great news that her case was approved. At this point, it was approximately 3:30 p.m. Boystown staff was going to return to Boystown with Xi Mei. However, we persuaded them that Xi Mei had to go to court for a hearing (still unscheduled!) FIAC arrived at immigration court at 4:00 p.m. FIAC called headquarters in Washington, D.C. and spoke with the Assistant Chief Immigration Judge for the Executive Office for Immigration Review. While staff waited for him to call back, all of the judges and trial attorneys in Miami were on their way home. Then FIAC received a call: \"This is a judge FROM Immigration court in San Diego, California.\" He had received a call FROM headquarters and said he was going to try to help but needed an interpreter and a trial attorney. An interpreter was on call ready to help us, but staff needed to find a trial attorney to represent the government. FIAC staff asked each person getting on the elevator to leave the building, \"Aren\'t you a trial attorney?\" Adam Weisholtz brought us INTO the already locked office to see his supervisor, Rebecca Sanchez Roig. She decided to call Mr. Ringstadt, the Chief Clerk for the immigration court to try to find a judge in Miami. Soon thereafter, we had immigration judge Ford on his cell phone willing to hear the case. There were a few tense moments, like when Judge Ford asked Xi Mei whether FIAC had gone over her application with her and translated everything to her. While we had done so, we were not sure she would remember. She said yes. There were other issues: she had not been fingerprinted and she had not had a medical examination. If these two things were not completed and clear, they are technically valid grounds of inadmissibility which were not yet resolved. The judge could postpone or the trial attorney could object to an approval since they did not have all of the evidence before them. Additionally, the judge did not have Xi Mei\'s court file and the trial attorney did not have Xi Mei\'s immigration file in front of them. The judge had not seen our motion nor did he have Xi Mei\'s application before him. Similarly, the trial attorney was seeing copies of documents that were filed. But, the trial attorney and the judge agreed to proceed without these documents. The judge granted Xi Mei residency at 5:30 p.m., the Friday before her 18th birthday. That evening, Xi Mei was released from Boystown and FIAC accompanied her to Covenant House in Broward County where she remains. FIAC is in the process of finding a good family with whom she can live. Xi Mei\'s English continues to improve. With her residency, Xi Mei can now study, work and live a productive life here in the United States.
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America is all we know.
“On the verge of our 2nd and 3rd birthdays, our parents - while seeking asylum - brought us legally to this country. Now, 17 years later, America is all we know. Every experience we’ve ever had, every friend we’ve made, every pledge of allegiance we’ve recited, and every pivotal point of development in our lives has been in the United States.     But in July 2007, everything we knew was turned upside down. At six in the morning immigration officials came to our house. They took my mom, dad, my brother and me outside and one by one they put handcuffs on us. The officials then separated my brother and me from my father and mother, and my mother from my father. FIAC agreed to represent us after we were detained and thanks to them a private bill was introduced on our behalf by Congressman Lincoln Diaz-Balart and Senator Chris Dodd. The filing of the bill stayed our deportation until 2009. FIAC has been there with us every step of the way and given us hope that perhaps we will be allowed to live here legally and be able to give back to this country some of what it has given to us.” Juan and Alex Gomez, Colombia Private bill introduced by Senator Dodd and Congressman Diaz-Balart on their behalf, 2007 (Paroled until March 2009)
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