Ariana Martinez and her infant son. Noah have a gap in
their lives you know this isn't home to me anymore.
It's missing a big part of our home and it's now just a
house lives contained in uncertainty. Her husband
stranded hundreds of miles away I spoke with him today.
He actually cried on the phone because I had mentioned
to him that our baby cried about a video he had seen of
him. He has visited Jaime Avalos who's stuck in legal
limbo in juarez. Mexico a notoriously unsafe border
city. I told my wife before we even got here I had a
feeling that I'm not gonna I'm gonna stay in Mexico,
I'm gonna stay in Mexico. They're going to deny it all.
But for us citizenship, Avalos is as american as apple
pie spanish is a little harder like certain words I can
speak it and get around but not not fluent. He grew up
in Houston texas, built a life and family. Everything
had to change overnight. Have a house that might lose a
house for my kid that was gonna be gone. He's a
recipient of deferred action for childhood arrivals or
DACA avalos a Mexican nationals. Thought he arrived
into the U.S. As a one year old in august of 2022 at
the age of 28. He intended to begin a pathway to us
citizenship. It turned into a road to nowhere. They
pulled my birth certificate, they gave me everything
else about my birth certificate is when she asked me
100% sure you never you never came back to Mexico. His
previous lawyers told him to apply for a visa. The U.S.
Consulate General in juarez, his wife, a natural born
american could sponsor him. But their officials
revealed information. He says he never knew because of
that. They denied him for the simple fact that we
didn't know that in 2002 I believe they took him back
to Mexico to register his adoption. Avalos. His mothe
took him across the border when he was six or seven,
which he says he doesn't remember it was to get records
for his adoption to a man. He always thought was his
biological father and they were just like there's
nothing you can do. Just turn in the paperwork so
basically say just turn everyth and if they did I.
You alright bye. And under U.S. Immigration law, if you
cross into the country illegally leave and reenter
you're barred from returning for 10 years. No
exceptions. Not even for Children. Avalos family got a
new attorney who called his congressman for help. I
think the first thing that we have to conclude is that
we're talking about three people not just a person.
Representative. Al Green says Avalos best shot at
coming home is appealing to the Department of Homeland
Security for an exemption called humanitarian p
The texas democrat has appealed on his behalf and he
went there to get a visa so that he could come back
into the country lawfully under the advice of people
who were capable competent, qualified and assumed that
this was an appropriate thing to do. Green adds. This
is a textbook example of how law abiding people can
quickly fall through the cracks of immigration law. The
laws are such that they have to be changed and changing
the laws will require doing something more than
building a wall. The family currently celebrates lif
milestones and brief trips back and forth to Mexico. It
breaks their heart because you know, no is getting to
the age where he's starting to recognize that. Hey, I
just saw you in person. Why am I now seeing you on
facetime. Why aren't you here Why aren't you grabbing
me Why aren't you playing with me until then They're in
separate countries. The bills h used to cover as a
contractor in the US are piling up and Avalos can't
provide. It's really strong because well I don't see
her used to see every morning kiss her. Every morning
go to sleep now. It's just me by myself. I can't see my
baby. I can't touch him all the time. I want to I miss
him. He talks a lot more so I'm missing that they help
Uncle Sam will reopen the door to their american dream.
We reached out to the U.S. State Department. They
wouldn't directly comment on Avalos visa application
but said generally officials will reject applicati
if the person is found ineligible under title eight th
U.S. Immigration and Nationalit Act. We also reach out
to the DHS, the Citizenship and Immigration Ser
adding where there are exigent circumstances quote suc
as accidental or involuntary border crossings. DHS may
choose to continue to exercise prosecutorial discr
and allow the grant of deferred action to continue. So
that statement right there, not a direct comment but
could be viewed as a glimmer of hope that Jaime Aval
could see a humanitarian parole granted on his behalf.
Chance. Gosh. Which I'm sure they're clinging to
because there are rules. There are policies. Yes, but
he's keeping a smile on his face but kissing your baby
every morning, putting them every night. I mean that
that's really hard for any parent, john live in Houston
tonight. Thank you.