Boy Who Fled Country With Teacher May Get Visa to Return to U.S.

[Kevin and 10]

Sunday, November 11, 2007

OMAHA, Nebraska — A 13-year-old illegal immigrant who fled to his native Mexico amid a sex scandal with his schoolteacher could be eligible to return to the United States under a new visa the U.S. government started granting the week before he disappeared.

The visa helps illegal immigrants who are victims of sex crimes. If the boy, who spent most of his life in Nebraska, qualifies, he could stay legally in the United States for four years and eventually apply for permanent residency. It also would extend temporary residency to his parents and his unmarried siblings under 18, if they applied for it.

"It's a win-win," U.S. Citizenship and Immigration Services spokeswoman Marilu Cabrera said of the so-called "U" visa. "It helps us and law enforcement be able to solve a crime, and it certainly helps the individual who is a victim of a crime."

The boy and middle school teacher Kelsey Peterson were found in a mall parking lot in the border town of Mexicali, Mexico, 1,500 miles from where they disappeared on Oct. 26.

Peterson, 25, remains in federal custody. A judge denied bail for her Wednesday, and she was expected to be sent back to Nebraska to face federal charges of crossing state lines to have sex with a minor, which is punishable by 10 years to life in prison and a $250,000 fine.

The Associated Press had previously named the boy but later removed his name from stories because the most recent charges allege he was the victim of a sex crime.

The boy told the AP earlier this week he would be willing to return to the United States to testify against Peterson.

"That's something that we would have to consider as circumstances came up," said Joe Stecher, the U.S. attorney for Nebraska.

Dawson County Attorney Elizabeth Waterman did not immediately return a phone call seeking comment.

Cabrera said a conviction would not be necessary for the boy to qualify for the visa.

"It doesn't matter what the outcome of the case is as long as they cooperate," she said.

A law enforcement agency, prosecutor or judge in the Peterson case would have to vouch for the boy and say he helped in investigating or prosecuting Peterson in order for the boy to qualify.

The Victims of Trafficking and Violence Protection Act of 2000 established "U" visas to encourage illegal immigrants to report crimes against them. Cabrera said reviews of the rules by the Department of Homeland Security and the Department of Justice delayed issuing the visas until this year.

http://www.foxnews.com/story/0,2933,310542,00.html

[w¡n9Nµ7 §£@¥€r 123]

Good news. We need more new classifications like this so everyone here illegally can get a green card.

No green card, no peace.

[JODO 2]

is the "U visa" for a "U turn"?

[jundp 191]

Um...

What is with these teachers who have sex with 12 and 13 year olds? I really just don't get it. I view my students as my "children" even the annoying 18 year olds. How...why...just...gross.

[Amby 490]

I don't understand what's with these teachers either. I've noticed that the women lately aren't that bad looking so it's not like they need to turn to younger boys. We'll never understand it.

[Fandango 1,439]

Its horrible what happened to the boy re: sexual abuse, but how exactly does that grant him and his family LPR?

Anyone else see a plethora of sexual abuse claims in the future?

[Peikko 1,575]

Not really, sexual crime is always very invasive to the victims and I would imagine that an actual provable crime has to be committed. However, if the all illegals are as feckless as they are painted...

I don't understand these so called teachers, at the very worst they are manipulative. However, we don't know their background so speculation is useless in my opinion.

[russ 1]

Good news. We need more new classifications like this so everyone here illegally can get a green card.

Eliminating an incentive to hinder investigation and prosecution of crime sounds like a good thing to me. A 13 year old kid hardly had any choice here anyway.

Prosecuters routinely overlook lesser crimes to gain convictions in more serious ones.

[no name 1]

He's 13. He knew clearly what he was doing.

----

Peterson was placed on administrative leave October 25, when news of the teacher-student relationship surfaced. Police issued a felony warrant for her arrest on charges of child abuse, child endangerment, and kidnapping after the middle school teacher and her student lover took off.

Fernando Rodriguez, who lived at a home for at-risk boys in nearby Alliance, described Peterson in letters as his “Baby Gurl,” and claimed their relationship was “not just about the sex but that it was pretty good,” according to court documents.

Court documents also say Peterson’s school-issued laptop contained letters where she said she loved the student, as did letters provided to authorities by her father, Drew Peterson.

Kelsey Peterson had a child while still in high school, but that child - now in elementary school - does not live with her. Peterson was teaching sixth grade at the middle school she attended while growing up.

Police said Rodriguez contacted his family over the weekend and said Peterson and Rodriguez were in Grand Island, about 85 miles east of Lexington. Police also said the runaway lovers were spotted Friday night at a convenience store in Denver, then again Sunday in Ogallala, Nebraska near the northeastern tip of Colorado.

Fernando Rodriguez called his mother early Saturday and sent a text message to his brother, saying he was OK, police said. Police said he also called his aunt to ask whether a visa or passport was necessary to travel to Mexico with Peterson.

http://hitsusa.com/blog/253/kelsey-peterson/[/b]

Edited November 12, 2007 by devilette

[Peikko 1,575]

Whether he knew what he was doing is pretty much beside the point, sex with a minor is a crime. Do you wish to change the law?

[Peikko 1,575]

Re the crime thing, it's possible that if the victim of a serious crime is an illegal alien then criminal action cannot be taken. They have to make the person a citizen to enact the law. My guess is that not doing so would leave any illegal alien vulnerable to serious crime leaving US citizens free to commit serious crimes willy nilly. However, I am no expert so someone who knows about these things might clear this up.

Edited November 12, 2007 by Purple_Hibiscus

[no name 1]

Whether he knew what he was doing is pretty much beside the point, sex with a minor is a crime. Do you wish to change the law?

Did I say that I wanted to? I'm pointing out it was a consensual relationship, age aside. To call it different now is a joke. And to offer him a visa now is even more ridiculous.

[Kevin and 10]

Re the crime thing, it's possible that if the victim of a serious crime is an illegal alien then criminal action cannot be taken. They have to make the person a citizen to enact the law. My guess is that not doing so would leave any illegal alien vulnerable to serious crime leaving US citizens free to commit serious crimes willy nilly. However, I am no expert so someone who knows about these things might clear this up.

There are two border agents sitting in prison.

[Peikko 1,575]

Sexual crime is not a joke to the victims.

I can't see you saying the same thing about him was he a legal resident. You can't switch compassion off just because he happens to be illegal, or can you? Hmm, maybe you can. The teacher was in a position of authority and was twice his age. You don't think there is at least manipulation coming into play here?

It is also pretty ridiculous to make a comparison between border agents and this case. Either you accept that laws need to be enforced when a serious crime is committed, regardless of status, or you don't.

[MaRob 0]

So now all the illegal immigrants have to do is accuse someone of sexual abuse, rape, or sexual abuse of one of their children and bingo, visa issued with greencard to follow.

One last thought/question... and I'm not being sarcastic, really curious to what everyone thinks... what part of being in a country illegally gives the person rights and protection under the law? If I snuck into another country illegally, and something bad happened to me there, do I have the right to ask for justice or protection from that country? (I understand this may not be the situation in this case though).. .just wondering what everyone thinks again.