Born in the lettuce fields
Rafael was born in the lettuce fields of Salinas, California—a child of migrant workers from Mexico. His wife, Agnes, a Filipina, is a devout Christian. By law, people born on US soil are considered citizens of the United States. US Citizens are entitled to travel abroad. This should have been a simple case of a US citizen receiving a US passport. But as it turned out, their story became one of struggle, despair, hopelessness, and finally—a miracle.
The law on US Citizenship is clear. Those who are born in the United States are US citizens at birth. But Rafael came into this world while his mother was picking lettuce in the farm fields in 1956.Unlike most us who were born in a hospital, Rafael did not have a formal birth certificate. Without it, there was no proof of US citizenship. His status in America was in limbo. He was born here and entitled to all legal rights of a citizen and yet he couldn’t prove it. If one can’t prove US citizenship, the passport agency won’t issue a passport—no passport, no travel. What’s worse was the danger of being deported from the US.
No passport, no visit to an ailing mother
Agnes and Rafael set out to convince the US passport agency that Rafael (“Raffy” to friends and family) is a citizen. They soon found out that this undertaking was no cakewalk. They visited the passport office only to be told, “no birth certificate—no passport.” They visited the immigration office for help without success. They wrote letters to city officials. They consulted attorneys. No luck.
Witness affidavits or statements is one way to prove birth. They sought to find witnesses at the farm where Raffy was born. Some of the witnesses had died and many of the rest had moved on, as happens with seasonal workers. Still, they made repeated trips to the passport agency only to be denied. The urgency of the matter was exacerbated by the fact that Raffy’s mother was ill and he needed to visit her in Mexico.
Persistence leads nowhere except to crying in the night
It is illegal for any US citizen to depart or enter the US unless he or she bears a valid US passport. Thus, without a birth certificate, without a passport, there is no way that Raffy could leave the US With unflagging persistence, Agnes kept trying. She contacted her US representative’s office for assistance. She researched her options and alternatives. She called lawyers and immigration advocates. As a former legal assistant in our office, Agnes had some legal experience. She performed legal research and continued to find ways to convince the government to issue a passport.
After several months of trying, all roads pointed to a dead end. They could only obtain a late registration of birth. But that simply was not enough for the passport agency either. Again, Raffy and Agnes were turned away. They had tried everything and still no luck. Misery had set in. Agnes was exhausted. Their options seemed depleted. I remember a call from her one dark night as she sobbed, explaining to me how hopeless things were, how hopeless she felt.
The hands of God
Grasping at one last straw, Agnes wrote a letter of appeal to the passport office in South Carolina. In that appeal, she made the same arguments as she had done over and over again. But this time she stated in the letter that whether they approved the passport or not, that it was now in the hands of God. That was the ultimate surrender and acceptance for Agnes and Raffy. Nothing could have prepared them for the next twist of fate. But it happened – what Agnes has termed a “miracle.” Two weeks after sending that letter, Raffy received his US passport.
Not even an attorney can explain
I am an immigration attorney and I don’t have an explanation as to how this happened or why the passport agency changed its decision. I don’t know why they issued a passport without a formal birth certificate. This is beyond a lawyer’s logical mindset. I’m happy to concede that this may have indeed been a miracle. And for those who don’t believe in such miracles, look closely at the events of your own lives and maybe—just maybe—you’ll see miracles, too.
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Lazaro Law Group, Professional Corporation represents immigrants all over the United States and the US Embassy in Manila. The firm’s offices are located in San Francisco, Fremont/Newark/Union City, and Sacramento, California. Attorney Johnson Lazaro can be reached at (415) 800-5775 or toll free at (855) 4-LAZARO. His email is This e-mail address is being protected from spambots. You need JavaScript enabled to view it .
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This article should not be taken as legal advice for any individual case or situation. The information is intended to be general and should not be relied upon for any specific situation. This is not meant to create a lawyer-client relationship.
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