GREENSBORO, NC - The dad of a Greensboro firefighter, scheduled to be deported in June of 2017, has seen his deportation delayed by three months.
The decision from ICE, according to his attorney, will allow the 59-year-old to secure healthcare in his native country.
After living in the United States for 22 years, Nestor Marchi, discovered he will be deported to Brazil.
Nestor admitted, he overstayed his visa in 1994, but continued to work as an airplane mechanic and pay taxes. In 2006, a raid was conducted at his workplace by Immigration and Customs Enforcement. At the time Nestor, did not quality for asylum and did not have any family members that could sponsor his stay in the country. However, his attorney of ten years, Jeremy McKinney said, the Department of Homeland Security viewed Nestor as an asset.
“It was the Department of Homeland Security and ICE that chose to place him under an order of supervision and allow him to stay,” said McKinney. “It’s not a misdemeanor, it’s not a crime to overstay a visa.”
Under an order of supervision, Nestor stayed in the country under a work permit. He checked in with an ICE official to verify his address and make sure he doesn’t have a criminal record.
This process allowed him to stay legally in the country for a decade. But, in April of 2017, his work permit request was denied. He was given the option to self-deport, meaning he could leave on his own without being taken into custody.
Nestor is concerned with leaving his family for a country without proper healthcare. Nestor has congenital heart failure. McKinney, worked to keep him in the country longer to secure healthcare in Brazil.
In a press release, McKinney wrote,"Marchi has no criminal record and suffers various medical problems, including congestive heart failure, diabetes and hypertension. Marchi’s son, Andy Marchi, an accomplished firefighter with the Greensboro Fire Department, is pursuing his permanent residency and had hoped to one day sponsor his father after becoming a United States citizen. ICE told Marchi earlier in May he would need to depart the United States by June 15, 2017. Marchi’s case gained national attention as an example of the new Administration’s misguided immigration enforcement policies."
According to McKinney, ICE granted the stay of removal in the interests of maintaining a continuity of medical care as Nestor transitions from the United States to Brazil.
“I’m not sure three months is enough to accomplish the objective,” said McKinney, “but we are thrilled ICE is giving us time to try.” McKinney stated the family was working with contacts in Brazil to set up consultations and transfer medical information.
McKinney thanked Senator Thom Tillis for his assistance, as well as the American Friends Service Committee, who circulated a petition signed by almost 2000 individuals, and Addy Jeffrey of the Latino Community Coalition of Guilford County, who helped Nestor inform the public of his imminent deportation.
►Make it easy to keep up to date with more stories like this. Download the WFMY News 2 App now.
© 2018 WFMY-TV