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Continued...
He told them they were eligible to become legal because they had been in the country for so long.
However, it would be costly: Don Jose wanted $7000. It took a year, but Nicolas was able to save and borrow enough money to pay Don Jose. Finally, he thought, he and his family would be legal. He and his wife went to see Don Jose, and paid the money. They signed some papers, provided copies of their birth certificates, and waited for the interview they had been promised.
After a couple of months, Don Jose told them their interview was on a certain date and gave them the address where they were supposed to go. He told them not to worry about anything, and that they would not need him at the interview because everything had already been submitted.
It was only after he sat down for the interview that Nicolas was told he was at an asylum interview. "Have you
ever been persecuted in Mexico?" the interviewer asked. Nicolas laughed nervously and said, "No, of course not." The interviewer explained what asylum meant, and asked Nicolas to tell the truth. He did. Because he did not qualify for asylum, his case was automatically referred to the immigration court.
As a direct result of Don Jose's fraudulent and deceptive actions, Nicolas, his wife, and his son are in removal proceedings. Due to the different circumstances for each of their cases, the family faces a real threat of being separated. Because Nicolas had been here more than 10 years when he was placed in removal proceedings, and his mother, who is a permanent resident, is very ill, he is eligible for cancellation of removal. His wife and son, however, were only here 9 ½ years when they were placed in removal proceedings. They are not eligible for any relief from removal. His son, now 11, came here when he was 18 months old and is now an A student in school. His wife is studying to be a nurse assistant and is the primary caretaker for Nicholas' critically ill mother. Nicolas and his family are praying that some miracle will allow them all to stay together.
Nicolas never confronted Don Jose with his lies because he was too afraid. His $7000 payment is history.
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