Javier Morataya López and his wife Eva Hernández always thought that perhaps they could come out of the shadows and obtain an immigration status, when one of their three children born in the United States grew up and fulfilled the 19 years. What they never imagined is that the eldest son would join the armed forces and make them residents.
“My son is a sniper trainer for the United States Air Force,” says Javier, proud that his son Maynor of 21 years, has fulfilled his dream of being a soldier.
Javier’s history dates back to the early 90s when he left his hometown in the Department of Izabal in Guatemala. “I left my country in search of bettering myself and a better life,” he says.
He arrived in the United States on 18 October 1992, and entered the country through El Paso, Texas, dodging all kinds of of dangers. I had then 16 either 23 years.
“I didn’t have anyone here, but I immediately got a job in construction. I have done well. To this day I continue to work in that field.”
In Los Angeles he met Eva Hernández, an immigrant from Zacatecas, Mexico, who also I had papers. They got married and had three children, who now have 26, 26 Y 16 years.
“I lived worried about being undocumented especially because of my work they sent me to various cities, but I never had any problems with immigration or with the law”.
It was his eldest son Maynor, who was born in June 1995, who helped him and his wife obtain permanent residence.
“When he had 19 years old, he told me he wanted to join the United States Army. We as his parents supported him, because it was what he had always wanted to do since he was a child. When he watched action movies, he would get excited and say he wanted to be a soldier”.
Already in the armed forces, Javier remembers hearing people say that undocumented parents could fix their immigration status, through their children enrolled in the army, without having to leave the country.
“My son was very happy to know that he could help us. ‘I do what you tell me, he told us’; but due to the cost of the paperwork and the lawyers, we decided that my wife would start the residency petition process first”.
This is how Eva, the mother, was the first to obtain residency three years ago.
“Immediately after, I started the paperwork, but since the pandemic came, it took everything, and only the 21 in April my residency arrived”, says Javier.
The whole family, including their son Maynor, who made it possible for his parents to come out of the shadows, are happy.
“My son is very happy. He was part of the special tactics team; and he’s now an Air Force sniper instructor, and he travels all over the world. His dream for when he retires from the army is to be a narcotics detective”.
The main priority for Javier, already as a US resident , is to travel to Guatemala as soon as possible to reunite with his parents.
“Ago 38 I haven’t seen them in years. My dad has 78 years, and my mom 38”.
The second thing he wants to do is look for a job in a construction company where he can receive employment benefits. All my life in this country, I have worked in companies that pay me very well, but in cash, and I have no job benefits, although I have always paid taxes. Have 52 years and I want to put my social security to work”.
Parole in place
It was the migration lawyer Sergio Siderman, who handled Javier’s permanent residence case.
“The children , parents or spouses of members of the US armed forces can benefit from the Parole in Place (PIP), a long stay waiver. This allowed Javier to attend an interview with a Citizenship and Immigration Services (USCIS) officer in Los Angeles.”
In Spanish, the PIP is known as legal entry instead.
The Immigration law allows that if you have a child in the army, in the navy or in the military reserve you can request that permit that works as a legal entry for purposes of applying for residency.
Javier was approved during the interview for his residency with USCIS, on 17 of March; and the 21 of April had in his hands the permanent residence card.
Lawyer Siderman affirms that the Moratayas are a great example of “wanting is able”.
Therefore, he urged all immigrants without immigration status and with children born in the United States, to seek help to obtain their permanent residence .
“In the case of immediate relatives such as father, mother, son or daughter or spouse in the armed forces, the PIP is a firm tool to obtain residency without leaving the country. It is also important to check the economic solvency requirement”.
Attorney Siderman also emphasizes the importance of seeking an expert in immigration law when trying to obtain residency.
“Immigration law has many benefits, but also precise requirements that only experts in the field can resolve without wasting time, money and effort to potential beneficiaries.