ROANOKE TIMES
Copyright (c) 1997, Roanoke Times
DATE: Saturday, March 1, 1997 TAG: 9703030054
SECTION: VIRGINIA PAGE: C-2 EDITION: METRO
DATELINE: HAMPTON
SOURCE: Associated Press
The government is trying to deport the Panamanian widow of an Army veteran who died of a heart attack in his sleep.
The marriage of John Francisco and Mercedes Cruz had lasted only 23 months when Cruz died in Germany a few weeks after his military retirement.
Because her marriage didn't last two years, Cruz cannot become a legal resident, according to the U.S. Immigration and Naturalization Service. If her husband had lived another month, all she would need to stay is a copy of his death certificate.
Only an act of Congress can keep her in the United States, said Denise Maniscalco, a Washington lawyer helping with Cruz's case.
``I understand that Immigration needs to be strict,'' said Cruz, who moved after her husband's death to Hampton, where an aunt lives. ``But at the same time, not all cases are alike.''
The two-year provision is a guard against fraudulent marriages. But Cruz pointed out that her marriage ended in tragedy, not divorce.
The couple has a 2-year-old son who is a U.S. citizen and can stay. Cruz said she won't leave him, but she wants to raise the boy where he can get a good education.
INS officials would not comment on the case.
Rep. Herbert Bateman, R-Newport News, will send a letter asking the INS for a waiver, and an aide said the congressman would consider submitting a private bill on Cruz's behalf.
``That's a possibility. We haven't gotten there,'' said Dan Scandling, a spokesman for Bateman. ``We need to see what INS says to this letter.''
LENGTH: Short : 40 linesby CNB