Immigration

‘I Was Very Scared': Migrant Makes Serious Mistake and Is Now No Longer Eligible for Humanitarian Visa

Cooperation with federal authorities would make migrants eligible to apply for a humanitarian visa, according to immigration attorney Esther Valdez Clayton

Every day, migrants attempt to cross illegally into the United States, just in the fiscal year that just ended, more than 2 million migrants were apprehended by Border Patrol. One of them was Litzy. She spoke to Telemundo 20 about the terror she experienced attempting to cross the border and the mistake she made that now prevents her from applying for a humanitarian visa.

Many are unaware that being a victim of human smuggling, in many cases, makes them eligible for a humanitarian visa. This is not easy, but to increase the chances they must ensure that before being deported they have documentation in hand, since, without it, their ordeal will be in vain.

"I heard the screams of the people, the sirens, all the scared people, there was a helicopter on top of us. I was very scared," Litzy said.

She spoke about the sights and sounds of the night of Dec. 7, 2021, which this migrant still cannot forget.

"The women were at the bottom, and the men climbed on top of us," she said. She referred to the bed of a 12-person Chevrolet Silverado pickup truck, which was chased by Border Patrol.

"He [the driver] didn't care that the tires broke, he kept going. I felt the truck flipped and I felt it made three turns and I lost track of time," he said.

And what he also lost, as well as the rest of the migrants, was the hope of achieving the American dream.

"I said 'How did we survive?' I saw the almost destroyed truck next to me and all the people lying with blood," she exclaimed.

For seven days, the 19-year-old Mexican native of Colima said she was in a Border Patrol detention center, then transferred to a detention center in Arizona where she said the interrogations continued.

"They asked us where we had been, how we knew people were passing by, how many more people were there, how they crossed us over. If I would cooperate with them," he said.

Which was cooperation with federal authorities that, according to immigration attorney Esther Valdez Clayton, would make migrants like Litzy eligible to apply for a humanitarian visa.

"A policeman, an authority of the laws, must sign and say 'I testify this person testified and brought to justice this person who carried out the crime,'" explained the immigration lawyer.

However, there was a mistake that according to the lawyer, many migrants do not know and they should not leave the detention center without that.

"They should ask for information about their participation, case number, the name of the person I am accusing," the lawyer said.

Unfortunately, Litzy did not know that she required this document to be eligible for a humanitarian visa and did not ask for it.

To prevent other migrants from making the same mistake, she decided to share her story. Another tip from the lawyer is that if a migrant is in Litzy's situation and has such proof, do not cross illegally but contact an immigration lawyer.

This story was originally reported by NBC 7's sister station, Telemundo 20. To read the article, click here.

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