MUSIC PROFESSOR NARROWLY ESCAPES DEPORTATION

Daniel Luzko, a native of Paraguay and music professor and a college in California, narrowly escaped being forced to return to Paraguay because of a simple mistake. But in a rare show of compassion and generosity, the INS has given him 90 days to reestablish his right to live here.  Luzko, an internationally recognized composer, had obtained an immigrant visa as an alien of extraordinary ability in the arts, and began his adjustment of status to permanent residence in 1998.  As far too many people are aware, it is taking more than two years to complete this process, during which time the immigrant must continually renew work authorization and travel documents.

This past December, Luzko returned to Paraguay to accept an award for his work.  He checked his travel document before he left, and it was stamped “Paroled – May 8, 2000.”  He thought this referred to his right to travel, but in fact it referred to his permission to remain in the US while he adjusted status.  When he reentered the US earlier this year, immigration officials stopped him because his travel document was good only until October 27, 1999.  At this point, Luzko was inadmissible and the INS told him he had until February 2nd to return to Paraguay.

Luzko’s request for humanitarian parole – permission to enter the US given under special circumstances – was granted.  He now has 90 days to resubmit his application for permanent residence, at which point his status in the US will again be legal.  However, because he is considered to have abandoned his first application, he must undergo many more months and even years of waiting to get a green card.