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PETER PEREIRA/The Standard-Times

Sonia Alves Soares combs the hair of her 2-year-old daughter, Tatiana, as she speaks on the phone with her husband. Ms. Soares of Portugal was one of the illegal immigrants caught during the March raid on the Michael Bianco factory in March, and has been given a deportation date of Aug. 31.

NEW BEDFORD — Sonia Alves Soares is waiting on a response from President Bush.
The former Michael Bianco employee, who must return to Portugal by Aug. 31 due to her illegal status, sent a letter to the president Wednesday begging him to intercede on behalf of her American-born daughter, Tatiana, age 2.
His intervention, she says, is her last hope of staying in the city with her husband, parents and younger brother — all of whom are here illegally as well.
"I don't want to leave," she said.
Ms. Soares, 18, came to the United States nearly three years ago, when she was seven months pregnant. Her boyfriend, whom she has since married, came ahead of her and found a construction job in this city. She followed him under the visa waiver program, which allows citizens from Portugal and 26 other countries to travel to the United States for tourism or business without obtaining a visa. The catch is that they can only stay in the country for up to 90 days.
Ms. Soares has overstayed her welcome by more than 2½ years. She says she didn't know any better.
"I didn't understand," she said. "I thought I could just come over here and get papers. Nobody told me I was going to be illegal."
When federal immigration agents raided the Michael Bianco factory in March, Ms. Soares, who was 17 at the time, was detained and sent to Florida. The Portuguese Consulate in New Bedford worked successfully with the state Department of Social Services to bring her back to Massachusetts. Ms. Soares says she lived in foster care for a few weeks before returning to her family and their city apartment.
Jennifer Kritz, spokeswoman for the state Executive Office of Health and Human Services, said Ms. Soares "was never officially in DSS custody" and stayed in foster care voluntarily while DSS made arrangements for her to return to her family.
By coming to the United States under a visa waiver, Ms. Soares gave away her right to a hearing before an immigration judge, said Paula Grenier, spokeswoman for U.S. Immigration and Customs Enforcement.
"She has been given time to purchase tickets to depart," Ms. Grenier said. "She needs to leave the United States. She doesn't have status."
Immigration lawyers say there is little they can do to help Ms. Soares remain in the country since she overstayed her allotted time in the United States.
"She is facing a really difficult situation," said Ondine Galvez Sniffen, an immigration attorney for Catholic Social Services. "It's completely backed up by the law."
Rep. Barney Frank, D-Mass., agreed.
"There is nothing we can do," he said. "Rules are rules. You just can't tell them not to enforce the law."
Rep. Frank, who fought hard with Sen. Edward M. Kennedy, D-Mass., to get Portugal included in the visa wavier program, admits overstays are a common problem with the program.
"We said at the time that we would insist that (the deadline to leave) be enforced," he said. "I have promised to be respectful of visa restrictions."
Ms. Sniffen said many immigrants enter the United States with a visa waiver, but stay more than 90 days after finding a job.
"We see a lot of people do this," she said. "Some of them are not aware (of the violation.) They feel they are actually lucky that their country participates in this and they do not have to enter illegally. But if they plan on staying and violate the visa, they would almost be better off coming in illegally."
Other Bianco workers who entered the country illegally will get a chance to make their case before an immigration judge before being sent home, she said.
Ms. Soares wrote a letter to President Bush at the suggestion of Anibal Lucas, executive director of the city's Organization Maya K'iche, which has been helping Bianco workers and their families access food, transportation and legal assistance since the raid on the leather factory.
Mr. Lucas says he received a green card in 2000 after writing a letter to President Bush. His situation was different than Ms. Soares, he says, because he fled to the United States when a civil war broke out in his home country of Guatemala.
Mr. Lucas put Ms. Soares in touch with Portuguese activist Raimundo "Ray" Delgado, who helped her compose the letter to the president.
"I come to you as a last resort, Mr. President," she wrote in the letter. "I want to remain in this country with my American-born daughter. I came to this country as (a) minor. I have few relatives in my native country. I appreciate all your strong efforts to bring immigration reform to the United States."
Calls made by The Standard-Times to the White House Media Affairs office this week were not returned.
Ms. Grenier said it is Ms. Soares' decision to take her daughter to Portugal or leave her behind in the United States with a relative. Ms. Soares says she was told by an immigration official that she must take Tatiana with her to Portugal.
Ms. Soares says she has begun the long process of filing paperwork to get Tatiana Portuguese citizenship so she will have access to health care and other services. If the child remains a U.S. citizen, she will only be allowed to stay in Portugal for 90 days, said Vice Consul Joseph Canha of the Portuguese Consulate.
Life will be hard if the two return to Portugal, Ms. Soares said. Jobs are not easy to come by and day care is expensive. She and her daughter plan to live with an aunt in Lisbon. Her husband, parents and 12-year-old brother will remain in the city.
Ms. Soares says she will miss them and the "country of my daughter" very much.
"It's so different here, the type of life. It's easier than in Portugal. Here we can have things we never could in Portugal. At my age I could not have a house or pay rent. There is nothing."

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