Mother of four says family torn apart after husband’s visa denied

Alleged attorney error separates family

A local mother of four says her family is separated after her husband’s visa was denied, leaving him stuck in Mexico. She claims the immigration attorney they hired failed to properly prepare his case, and now she’s left with four children, including a newborn. Fox Chicago’s Leslie Moreno had the story from earlier today. 

CARPENTERSVILLE, Ill. - A local mother of four says her family has been torn apart after her husband’s visa was denied, leaving him stuck in Mexico.

What we know:

Yareli Cruz says what was supposed to be part of the process to secure legal status in the United States has turned into what she calls a nightmare.

"I never thought that I was going to be put in this position," Cruz said through tears.

Cruz says her husband, Miguel Franco, was the family’s breadwinner. Now, without his income, she says she can’t afford rent, car payments and other expenses. The family is packing up and preparing to move in with a relative.

"I can’t afford to rent and car payments and other expenses that I have," she said.

Last month, the couple traveled to Mexico for Franco’s visa appointment. During that appointment, his visa was denied. According to the family, he did not have an unlawful presence waiver, a key document required in certain immigration cases.

The couple says they hired attorney Sara Dady with Dady Law Group LLC to guide them through the process and trusted that everything had been properly filed.

"I couldn’t believe that all she could say is sorry that he was stuck in a really bad position," Cruz said. 

In a statement, Dady said Franco told her he had always renewed his DACA on time. However, records later showed he had accrued more than 365 days of unlawful presence before she took on his case, triggering a 10-year bar from reentering the United States.

Dady said, in part, "I deeply regret relying on Miguel’s representations to me regarding the timing of his DACA renewals and not double-checking his DACA renewal dates. However, it may not have made a difference if the consulate has other information demonstrating that he accrued more than 365 days of unlawful presence."

Cruz, who recently gave birth, says she is now navigating postpartum recovery while caring for four children alone.

"All I can think about is our kids. How am I going to tell our kids that dad can’t come back home?" she said. "I just really hope that he’s OK and I really miss him a lot."

The family says they are considering taking legal action against the attorney as they try to figure out their next steps.

What's next:

The family says they hired a new attorney, and a new waiver will be filed. If approved, Franco could potentially return home between 6–9 months. If the waiver is denied, the family says it could be a maximum of 3 years before he can return home. 

The Carpentersville community is putting together a fundraiser to raise money for the family. 

The event will take place on March 14, at 10am, at 2038 Berkshire Cir Unit E.