By Juan Castillo
Austin American-Statesman
AUSTIN, Texas (AP) -- Valquires Geraldes' fear that she and her son, Wilson, would one day be deported from their Austin home to their native Brazil was no fleeting concern. It hung over her head more than 20 years.
"It was a nightmare," Geraldes said of their extraordinary legal case, which raised humanitarian concerns about 24-year-old Wilson Geraldes, who has severe autism, learning disabilities and limited communication skills.
Now her anxiety has been lifted, Geraldes said Wednesday.
Late last month, an immigration judge in San Antonio terminated deportation proceedings for her and Wilson, their attorney Simon Azar-Farr of San Antonio said.
Dismissal laid to rest legal proceedings tracing back to 1989, when immigration officials charged Geraldes and her son with entering the country two years earlier without inspection and, later, with not being in possession of a valid entry document, according to a 2008 document in the case.
Geraldes said she wanted to shout for joy when she learned the news. "I was about to (have to) leave this country, and I was horrified. This is like a dream come true," she said.
Dismissal opened the door for the Geraldeses to apply for legal permanent residency. Azar-Farr said U.S. Citizenship and Immigration Services intends to approve their applications for what are commonly known as "green cards," perhaps as soon as this month.
Maria Elena Garcia-Upson, a spokeswoman for the immigration agency, said it does not comment on individual cases.
Documents in the dismissed deportation proceedings are not publicly available, said Elaine Komis with the Executive Office for Immigration Review, another Department of Homeland Security agency that oversees the nation's immigration courts.
Azar-Farr declined to comment in detail about the government's decision, saying only that the judge considered humanitarian reasons surrounding Wilson Geraldes' severe autism. "The government should be complimented for taking a serious and careful look at this case and its facts and exercising their discretion favorably," Azar-Farr said.
In May, the American-Statesman profiled the Geraldeses and their fight to stay in the U.S. Azar-Farr, who was not their original attorney, said Valquires Geraldes and her son never should have been placed in deportation proceedings. He said he believed a previous attorney erred in not realizing that they had been eligible to apply for legal status through Geraldes' husband, Wilson, after he became a legal permanent resident in 1990.
"You never, never lose hope," her husband said Wednesday at the family's home near West Anderson Lane. "I had hope because my papers were in order."
The son was 1 year old when he and his mother left Brazil and entered the U.S. in 1987 to join Wilson Geraldes. Their son's autism was not diagnosed until years later. His parents said he cannot be left alone and needs them for his basic survival.
During the legal fight to stave off deportation, the son's doctors recommended that he not be sent to Brazil and said that stability was key to managing his disorder. Deporting Valquires Geraldes and her son would have placed his health and well-being in severe jeopardy because it was unlikely he could receive adequate medical care in Brazil, Azar-Farr said.
On more than one occasion, U.S. Immigration and Customs Enforcement granted Geraldes and her son deferred action, a discretionary practice in which the agency decides it is not in the best interest of the government or the public to immediately enforce a removal order. Immigration and Customs Enforcement considers a number of factors, including impact on family, medical hardship and availability of medical care in the country of citizenship, a spokeswoman said.
Geraldes said she and her husband, a cab driver, spent thousands of dollars in their legal case. She would not disclose how much, saying only, "It was enough to buy a house."
But she said she was glad she refused to give up. "I couldn't just take him back. I just kept thinking maybe God is going to help me."
Her husband said he was eagerly awaiting the day his wife and son receive their "green cards." He joked that he contemplated making giant mock-ups of the cards once they are in hand.
The Geraldeses said that with the legal documents they look forward to having their son apply for a Social Security number, which would allow him to enroll in assisted work programs where he could get out of the house, pursue his interests and interact with others.
Published: Fri, Oct 22, 2010
