Man Files Immigration Lawsuit To Bring His Wife Into U.S.

December 17th, 2015 by Simply Justice

A Nevada man has filed an immigration lawsuit to overturn the denial of his wife’s 1994 visa application. Jose Isabel Esparza, 69, is pursuing the immigration lawsuit to find out why the visa application filed by his wife, Maria, now 65, was denied. The suit claims that immigration officials misapplied the law when they cited the reason for the visa denial was that Mrs. Esparza had “purportedly engaged in alien smuggling”.

Details of the Immigration Lawsuit

The Esparza immigration lawsuit acknowledges that Mrs. Esparza made a mistake when submitting her visa application more than 20 years ago. The woman had claimed that she had three sons, all of whom were attempting to enter the U.S. On the application, she mistakenly listed her grandson, Yazarit Erefert Esparza, now 22, as one of her sons. The younger Esparza, an infant at the time of the application, was left in the care of his grandparents after being abandoned by the couple’s daughter and her boyfriend.

Immigration Lawsuit Claims Wrongful Punishment

Immigration officials told Mrs. Esparza that she could refile her application and obtain a hardship waiver. A year later, her application was rejected again, claiming that she was engaged in “alien smuggling”. The charge prohibits her from legally entering the U.S. to be with her husband and the rest of her family. Mr. Esparza’s immigration lawsuit contends that officials misinterpreted the Immigration and Nationality Act by punishing his wife and their family for her mistake.

Immigration Lawsuit Cites Recent SCOTUS Decision

The Esparza immigration lawsuit also cites a recent decision involving similar circumstances. Last year, Fauzia Din filed an immigration lawsuit seeking the reasons why her husband had been refused entry into the U.S. Mrs. Din’s husband had been employed by the Afghan government while it was under the control of the Taliban. Immigration officials denied his entry into the U.S. due to his ties with the militant group. The U.S. Supreme Court ruled in a 5-4 decision that the government had followed due process.

Attorney: Immigration Lawsuit Seeks To Reunite Family

The attorney representing Mr. Esparza in his immigration lawsuit told local reporters that the Din decision showed that the issues surrounding the separation of married couples was still arbitrary. The attorney said that immigration officials could separate married couples “on a whim for life.” The lawyer also contended that the immigration lawsuit is all about reuniting the separated family, stating that the couple “don’t have any other aspirations” than to be together in the U.S.

Source: Las Vegas Sun

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NOTE: This post is a news story and does not imply an endorsement of Arguello, Hope and Associates by any of the parties mentioned herein.

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