A husband and father of seven is stranded in his native Guatemala, unable to return to Milan, his home of 21 years. Francisco Mejia went there trying to complete a decade-long quest for permanent residency in the United States. But changes in immigration procedures have left him in legal limbo, 3,350 miles from his job and his family, with no clear path home.
In a phone recording shared by his wife, Tori Eiffert Mejia, with his permission, Mejia talked about his isolation in Guatemala City, where they had gone for his Aug. 6 interview with the U.S. Embassy to obtain a marriage visa — the only way for a spouse without proper documentation to gain legal permanent residency in the U.S. “I’ve never been away this long, and it’s killing me,” Mejia said. “All I can do is pray and wait.”
In 2005, Mejia crossed the U.S. border without authorization, a 20-year-old in search of a better life. “Francisco was one of 13 kids,” said Tori.”His family had no running water or electricity. Francisco didn’t even own a pair of shoes until he bought them himself when he was 18.”
Mejia’s uncle — who was working for the Eiffert family company, Advantage Insulation, Inc., in Milan — helped him secure a job spraying foam insulation. Mejia is now the company’s operations manager. After he married Tori 10 years ago, the couple hired an immigration lawyer in Poughkeepsie to begin the process of securing his lawful status.
Anyone who enters the U.S. illegally and stays more than a year faces an automatic, 10-year re-entry ban when leaving the country. To bypass this penalty, Mejia obtained a special federal waiver six years ago: He had to show his marriage was genuine by submitting federal forms and 30 supporting documents — including photographs, joint financial records, and letters from family and friends.
As a U.S. citizen, Tori also had to prove that separation would cause severe financial and childcare strain to obtain the waiver. While Tori adds to the family’s income by balancing an online retail sideline with part-time administrative duties for Advantage, Francisco is the primary breadwinner. “He has always worked long hours to make sure our family has what it needs,” she said. “Now we have no money coming in — and my parents’ business is taking a hit, too.”
The couple is raising seven children between the ages of 2 and 11, including four biological children, Tori’s eldest child — whom Mejia adopted — and two siblings adopted after their mother, a Guatemalan immigrant living in the U.S. without authorization, was unable to care for them.
“Everyone knows the Mejia family because they take up a whole pew,” said Father Jeffrey Maurer, pastor of St. Christopher’s Church in Red Hook, who wrote a letter of support to help. “Francisco is a solid, solid member of our community. His absence has not only left a hole in his home, there is a hole in this parish.”
The couple waited six years to be granted an interview date in the U.S. Embassy in Guatemala, which is the final step in the process. Tori said she was elated to finally receive the appointment, but the relief was short-lived: The interview was surprisingly easy, but the outcome was devastating. Officials informed the couple that a federal pause begun seven months ago had halted marriage visa processing, so Francisco’s 10-year ban was in effect.
“I immediately burst into tears; I was hysterical,” Tori remembered. “The embassy official told us our lawyer should have known that this would happen. Now everything’s on hold.”
Since Jan. 21, the U.S. government has temporarily stopped giving immigrant visas to citizens from 75 countries, including Guatemala. According to the State Department, the reason for the pause was to allow time to review its “screening and vetting policies to ensure that immigrants from high-risk countries do not unlawfully utilize welfare in the United States.”
Federal Judge Jeannette Vargas ruled against the freeze on Aug. 21, declaring the policy “contrary to law and in excess of statutory authority.” Five days later, the government cancelled immigrant interviews at embassies around the world — not just 75 countries — in order to accommodate in-depth consular officer training to vet visa seekers, according to Fox News and Reuters. No statement was given as to when embassies will be allowed to continue processing visas.
Tori is hopeful Vargas’ ruling will speed her husband’s return. “I support stronger immigrant vetting, and deporting criminals,” she said. “If Francisco was a criminal I’d understand, but he’s not.”
In an email in response to the Herald’s questions regarding how long Mejia may have to wait for his marriage visa, a State Department spokesperson wrote, “Whenever there are updated instructions for visa applicants or changes to visa interview appointments, embassies and consulates communicate this information directly to visa applicants. They should not appear at the consular section until directed to do so with a rescheduled appointment.”
Over 53 million immigrants live in the U.S., making up one fifth of the labor force. Roughly 12 million of those lack proper legal status, yet they contribute nearly $97 billion in annual taxes. This includes $3.1 billion in New York state — where more than half of the 80,000 farmworkers are immigrants lacking documentation, as are 40% of the construction workforce — which includes spraying foam insulation.
Clinton Corners resident Melissa Curtis, Tori’s friend, started a GoFundMe to help pay living expenses and attorney costs for the Mejias, who have spent more than $25,000 in legal fees since the start of this 10-year process. As of Sept. 2, over $1,900 has been raised toward a $12,000 goal. “Francisco is stuck [in Guatemala], and Tori has all the kids to take care of,” Curtis said. “I want to help any way I can.”
Tori plans to join her husband for two weeks in September to “figure out Plan A, B, and C.” Her parents will handle child care and morning bus routines as Pine Plains Central School District resumes classes. “This is an impossible situation,” Tori said. “Maybe God has a reason for it; I just don’t know it.”
Great article, Mary