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Beverly Hills, California, United States
Eli Kantor is a labor, employment and immigration law attorney. He has been practicing labor, employment and immigration law for more than 36 years. He has been featured in articles about labor, employment and immigration law in the L.A. Times, Business Week.com and Daily Variety. He is a regular columnist for the Daily Journal. Telephone (310)274-8216; eli@elikantorlaw.com. For more information, visit beverlyhillsimmigrationlaw.com and and beverlyhillsemploymentlaw.com

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Friday, June 01, 2012

Star Student in Immigration Flap Will Be Home for Graduation

ABC News (Article by Dana Hughes and Jason Ryan):  High school senior Elizabeth Olivas is coming home. After getting caught up on an immigration technicality in her native Mexico, the Frankfort Indiana High School homecoming queen will get to walk with her classmates at graduation on Saturday.

"The U.S. State Department confirmed to her immigration lawyer, Sarah L. Moshe, that Olivas was given a visa to come back to the United States," Moshe told ABC News.

"The waiver was approved, and we just finished issuing and printing her visa,"” an email from the State Department said. “"We gave her the visa packet and I assume she will be leaving the Consulate momentarily (visa in hand!). Congrats and best of luck to Elizabeth and her family! She is very lucky to have such a great team working on her behalf.”"

Olivas has lived in the U.S. since the age 4, and her father is a naturalized U.S. citizen. But after turning 18, according to the law, she had 180 days to return to Mexico to apply for a long-term visa to the United States. Without that visa she would become an illegal immigrant. So she and her father took the trip down to the Juarez consulate, only to realize they counted dates wrong because of leap year. Olivas was late by one day, initially told she would not be issued her long-term visa and without a “humanitarian parole” visa waiver, she would not be able to enter the United States again for three years.

But even the waiver process can be complicated. Waivers can take anywhere from three to eight months to be issued. Olivas couldn't wait that long. She’'d already been in Mexico for six weeks, missing most of her high school senior milestones, including prom and an academic achievement ceremony. With a near 4.0 grade point average, the star athlete is set to graduate as one of the top students at the school. She is also supposed to give the salutation speech at graduation, which seemed an unlikely fete before her case received a global outcry.

The Indianapolis Star initially reported the story but newspapers and Web sites around the world, including ABC News.com.

Sarah L. Moshe received a text message from Elizabeth OLIVAS that read, “"JUST GOT OUT VISA IN MY HANDS. I'M COMING HOME! THANK YOU SO MUCH, I'M SOO HAPPY!”"

High school senior Elizabeth Olivas thought she would be enjoying the last days at her Indiana high school with her classmates before graduating on Saturday.

Instead, the Frankfort High School homecoming queen is in her native Mexico, caught up in an immigration technicality that has her future in the United States straddled between U.S. government agencies, according to the Indianapolis Star.

Frankfort high school Principal Steve Edwards told the Star that students were sad at the thought of Olivas not being with them for graduation and that the situation was one of the hardest things he'’s ever dealt with.

This is a very skilled, talented, beautiful young lady,” he said.

But now Olivas and her classmates will be able to celebrate both their graduation and her homecoming. She told her lawyer via text message that she was excited and grateful.

“"JUST GOT OUT VISA IN MY HANDS,”" read the text. ” "I'M COMING HOME! THANK YOU SO MUCH, I'M SOO HAPPY!”"

Moshe told ABC News Olivas and her family are grateful for all the attention and concern over the teen’s plight.

"We take this opportunity to thank everyone for the outpouring of support for Elizabeth and her family,”" Moshe said. “"She will certainly enjoy a well-deserved graduation celebration on Saturday!”"

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