Sandra Mendoza and her son, Ricky Solis, have relied on Yancarlos Mendez to help care for the little boy as well as provide for the family. Ricky's father is no longer in the picture due to a history of abuse.
Ricky requires constant care, necessitating that Mendoza quit her job - leaving Mendez their only breadwinner.
ICE said that Mendez "entered the United States lawfully under the Visa Waiver Program (VWP) before violating the program terms by overstaying his visit for a period exceeding two years. VWP participants waive their rights to a hearing before an immigration judge and are subject to detention prior to their removal.
"ICE has carefully reviewed his case and determined he was ineligible for any agency relief, and as such will move forward with his repatriation to his home country.”
The family is hoping that ICE will reconsider Mendez's case and grant him a delay:
Nazly Mamedova, the family's immigration attorney, applied for a one-year suspension of deportation with ICE. She said the family would suffer severe hardship if Mendez were deported.
"This is so disheartening," she said of ICE's decision.
Mamedova also said she received an email from an ICE caseworker in Columbus who said that the officer there has not received word that the application was denied. He said he would contact her Monday with an update.