LAWRENCE - The potential deportation of the wife of a soldier missing in Iraq has put the spotlight on two of the nation's most volatile issues - illegal immigration and the war in Iraq.
Meanwhile, the parents of missing Army Spc. Alex Jimenez of Lawrence have the added worry about whether their daughter-in-law will be sent back to the Dominican Republic because she entered the United States illegally six years ago.
"It's ridiculous to have this come out now, knowing the situation we're going through," said Jimenez's mother, Maria del Rosario Duran, from her home in Queens, N.Y.
"What worries me is my son. I never knew that she was about to be deported," Duran said last night.
Yaderlin Hiraldo, 23, who married Jimenez in 2004 at Fort Drum, faces deportation after entering the United States illegally in 2001. They were high-school sweethearts in the Dominican Republic and married days before his first deployment to Iraq.
Jimenez, 25, of Lawrence has served two tours of duty in Iraq and has been missing since May 12 when his unit with the 10th Mountain Division was attacked by insurgents, and he and two other soldiers were captured.
While fighting in Iraq, Jimenez also was fighting to keep his wife in the United States. He petitioned for her to become a legal resident, and while home on leave in 2006 he appeared in full dress uniform beside her in Immigration Court.
The soldier's father, Ramon "Andy" Jimenez, who lives in Lawrence, said last night the timing of the deportation attempt is not appropriate.
"They should be worrying about the soldiers in Iraq instead of delving into our personal lives," the elder Jimenez, 53, said.
Hiraldo's lawyer, Matthew Kolken, of Buffalo, N.Y., said she paid $500 in the Dominican Republic to get to Mexico. Kolken said she then walked for four days before crossing the U.S. border.
Andy Jimenez said his son met Hiraldo in Navarette, Dominican Republic, and they were teenage sweethearts. Jimenez's father said his son brought Hiraldo to Lawrence on several occasions.
None of Jimenez's family attended the wedding because they were married on the Army base, Andy Jimenez said. Hiraldo is living in Pennsylvania.
The newlyweds went to Niagara Falls on their honeymoon, and it was there that Hiraldo was apprehended by immigration officials when she did not have the proper papers, Kolken said.
Meanwhile, the parents of missing Army Spc. Alex Jimenez of Lawrence have the added worry about whether their daughter-in-law will be sent back to the Dominican Republic because she entered the United States illegally six years ago.
"It's ridiculous to have this come out now, knowing the situation we're going through," said Jimenez's mother, Maria del Rosario Duran, from her home in Queens, N.Y.
"What worries me is my son. I never knew that she was about to be deported," Duran said last night.
Yaderlin Hiraldo, 23, who married Jimenez in 2004 at Fort Drum, faces deportation after entering the United States illegally in 2001. They were high-school sweethearts in the Dominican Republic and married days before his first deployment to Iraq.
Jimenez, 25, of Lawrence has served two tours of duty in Iraq and has been missing since May 12 when his unit with the 10th Mountain Division was attacked by insurgents, and he and two other soldiers were captured.
While fighting in Iraq, Jimenez also was fighting to keep his wife in the United States. He petitioned for her to become a legal resident, and while home on leave in 2006 he appeared in full dress uniform beside her in Immigration Court.
The soldier's father, Ramon "Andy" Jimenez, who lives in Lawrence, said last night the timing of the deportation attempt is not appropriate.
"They should be worrying about the soldiers in Iraq instead of delving into our personal lives," the elder Jimenez, 53, said.
Hiraldo's lawyer, Matthew Kolken, of Buffalo, N.Y., said she paid $500 in the Dominican Republic to get to Mexico. Kolken said she then walked for four days before crossing the U.S. border.
Andy Jimenez said his son met Hiraldo in Navarette, Dominican Republic, and they were teenage sweethearts. Jimenez's father said his son brought Hiraldo to Lawrence on several occasions.
None of Jimenez's family attended the wedding because they were married on the Army base, Andy Jimenez said. Hiraldo is living in Pennsylvania.
The newlyweds went to Niagara Falls on their honeymoon, and it was there that Hiraldo was apprehended by immigration officials when she did not have the proper papers, Kolken said.
"She's sitting tight while we find a way to solve this problem," Kolken said. "So her husband would not be concerned while fighting for our country."
She was given a reprieve on April 29, 2006, by Immigration Court Judge Philip Montante until her husband came back from his second tour in Iraq.
Kolken said he is worried that if Jimenez does not make it back from Iraq, his wife could face deportation proceedings at a later date.
The attorney said his client would not be eligible for a green card under normal circumstances, but he is seeking a hardship waiver for her. If she were to have to leave the United States, she would have to wait 10 years before reapplying.
Chester Winkowski, an immigration lawyer from Haverhill, said there is a provision for a person who entered the United States illegally to pay a $1,000 fine while continuing the residency process without returning to their country of origin.
"Heaven forbid should her husband not be alive; that may cause a complication," said Winkowski, former assistant district counsel of immigration and naturalization services in New York.
In that case, Winkowski said Hiraldo could petition for herself.
Zoila Gomez, a Lawrence attorney specializing in immigration law said there are laws that can help Hiraldo stay in the United States. "I think in this particular situation, there has to be a circumstance in which she fits in," said Gomez. "She's the wife of a soldier and it's up to the discretion of any judge or immigration official to let her stay."
Gomez said Hiraldo's case brings to the forefront two of today's hottest topics - immigration and the war.
"What message are we sending to those who are fighting for our country?" Gomez said.
Sen. John Kerry sent a letter to Michael Chertoff, secretary of homeland security, to prevent Hiraldo's deportation.
"I request that no further action be taken in Yaderlin's case while her husband is missing in action," Kerry wrote. "I believe this is a very real test of our government's compassion for a military family which has already made enormous sacrifices for the United States.
"I do not believe that Yaderlin should have her stress and grief compounded by additional worries about her own immigration status," Kerry wrote.
"I'm very concerned about the situation facing Yaderlin Jimenez, and for millions of others, across the country," Sen. Edward Kennedy said in a statement.
"My office remains in touch with those assisting Ms. Jimenez and her family. I'm happy to assist her and Spc. Jimenez's family during this difficult time," Kennedy wrote.
Last week, the identification card of Jimenez and Pvt. Byron Fouty, 19, of Waterford, Mich., who was captured with him, were found in an al-Qaida safe house north of Baghdad. The body of a third kidnapped soldier was found last month in the Euphrates River.
Earlier this month, a group linked to al-Qaida posted a video on the Internet claiming they had killed the soldiers and buried them in Iraq.
