On July 3, in the dead of night, Tita Carbajal roused her family from an uneasy sleep. They filed out of their brand new house in Howard Beach and loaded some luggage into one of their cars. Her children, Sebastian and Sasha, had a flight to catch at JFK.
As the family stood at the departure gate, Sebastian said goodbye to his father, Oscar, and embraced his mother, unsure of when he'd see either of them again.
Then Sebastian boarded his flight for Colombia, fleeing the United States before his 18th birthday, whereupon his illegal immigration status would prevent him from securing his coveted residency.
"It was very hard to say goodbye to him because we aren't absolutely sure when he will be back," Tita Carbajal said in an interview several weeks after Sebastian left home (along with his sister, who will help him settle down in Colombia before returning to the States). "It was painful to go back to an empty house that night."
Sebastian was five years old when he arrived in New York City on a tourist visa in June of 1998. His father had been there since February of that year and had set things up for the family's pending visit. They'd be staying with relatives in Jackson Heights, amidst a bustling throng of Colombian restaurants and stores.
With salsa blaring from every corner and the smells of empanadas in the air, the family instantly felt at home. Oscar, whose hands have a sartorial touch, began hemming, stitching, and cutting. Tita became his assistant. Money was made. Their lives in Colombia, although modestly comfortable, paled in comparison. They overstayed their visa.
"We were given six months, but we stayed," Tita said. "We wanted to give the kids better opportunities, which this country offers."
Oscar was sponsored by his sister, a permanent resident, and was therefore allowed to legally reside in the country after his visa expired, protected by a grandfather clause. (In 2000, Congress revived Section 245(i) of the Immigration and Nationality Act. Until April 30, 2001, undocumented individuals who were sponsored before the deadline could stay in the country legally while awaiting their residency).
But Sebastian wasn't so lucky; while his father became a resident in 2007, he was sponsored six years too late.
Finally, in May of this year, Sebastian was contacted by immigration services. He was informed that his green card would soon be ready, and that he'd have to pick it up at the American Embassy in Bogota, Colombia.
"When we began the process, no one told us that Sebastian would have to leave the country to get his residency," said Tita. "We thought that he'd be able to stay like his father did."
The family contacted five lawyers, paid hundreds of dollars in legal fees, and was given the same response time and again: Sebastian had to leave the country.
To complicate matters, his departure needed to be swift. As a minor, his illegal status would not be held against his request for residency.
However, Sebastian would be turning 18 on July 15 and, thereafter, anytime spent on American soil would be detrimental to his pending green card. In a worst case scenario, he would have to wait five to 10 years before reapplying for legal residency.
The whirlwind of news was not easy for Sebastian. Although born in Colombia, he was raised all over Queens – the family lived in Jackson Heights, Bayside, Queens Village, and Flushing before finally buying a house in Howard Beach two years ago. Sebastian was Americanized, and he'd never been back to his birth country. Acclimation would be difficult.
"It's different over there. He's Americanized and it's hard for him to go to a country that has a different culture," said his sister Sasha, 22, a Dean's List nursing student at Molloy College. "This just isn't fair. He's a really good kid."
The family talks with Sebastian, who is staying at his grandmother's house in Cali, every day. "He says that he misses his friends, the house and most of all, us," said Tita. "But he's a strong kid. He tries not to think about it so he won't get too sad."
Aside from putting a strain on Sebastian's family, his predicament has also impacted his education. He graduated from the High School for Arts and Business in Corona last June and was accepted to four colleges. He was intending to study International Business at CUNY's City College before his abrupt departure.
"We stayed in this country so Sebastian could get an education," said Tita. "Now he's missing a semester, maybe more, all so he can stay here legally."
Sebastian spoke with the college and they agreed to hold his place until the spring semester of 2011. Should he not return before then, he'll have to retake all of his entrance exams.
Tita's lawyer has said that Sebastian's appointment at the embassy should come in September and that he could be back by October. When the family called the embassy last month, though, they were told that his case was not yet on file.
"We were told that this would be quick," said Tita. "But with these things you never know. I have faith, though. I believe he will be back quickly."
Despite her hopeful outlook - and the possibility that Sebastian's absence could be brief - the ordeal has been taxing on Tita. Sitting in her tidy and comfortable kitchen, the stove ablaze and sunlight streaming through the half-closed blinds, tears came quickly for Tita as she spoke of missing her only son.
"The more days that go by, the more I miss him. At first I felt like it was a dream, that it didn't actually happen," she said. "Now though, for that last week, it's been hitting me really hard. I'm really sad. I miss my son."
