The girl, who suffers from arthritis, is classified as an illegal alien and sent back to Denmark, where she will not have access to experimental drugs.
By Associated Press
Published June 26, 2004
WEST PALM BEACH - A 16-year-old girl whose parents and sister legally live in the United States flew home to Denmark because a quirk in U.S. immigration law classifies her an illegal alien.
The situation is especially troubling for Helene Jensen and her family because the teen suffers from juvenile rheumatoid arthritis and can only get the experimental medication she needs here.
In most instances, a child has the same immigration status as her parents, but not in this case. "It's really not logical. It flies in the face of public policy," said Maralyn Leaf, a Miami immigration lawyer who represents the Jensens.
Helene's father, John Jensen, works at the Port of Palm Beach, and he and his family have been in the United States since 1997 under a work visa.
The visa expired in March, so an older American-born daughter sponsored Jensen and his wife, Winnie, in their application to become permanent residents. They should get their green cards in a few months. In five years, they could obtain citizenship.
But Helene is neither a spouse, parent or child of the sponsoring sister and would fall into a different category with a probable six- to seven-year wait to become a legal resident.
But immigration officials said if the Jensens had officially sought a waiver to keep their daughter here, she may have been allowed to stay.
"If the family had filed anything on behalf of Helene Jensen with the U.S. Department of Homeland Security, we would have been able to consider the matter. However, nothing was filed," said Ana Santiago, spokeswoman for the U.S. Department of Citizenship and Immigration Services.
The Jensens plan to apply for a student visa or for "humanitarian parole," which would allow Helene to return in the United States to use the experimental drugs.
Before boarding her plane Thursday, Helene tearfully promised her parents she would return.
"She was trying to be brave," John Jensen said. "She didn't want to go. It's hard for a 16-year-old. They're all smiles and laughter, but when it comes to the moment, reality sets in, it's not fun and games anymore."
