by Don Tagala, ABS-CBN North America Bureau
The couple joined by community leaders and heads of various organizations.
Standing (L-R): Joji Babuschak, Fred Mariano, Dr. Ramon Suatengco, Atty. JTS Mallonga (FALDEF), Nimfa Tinana (NaFFAA), Dr. Renato Ynaya
Seated (L-R): Nancy Ynaya, Larnie Dosono, Rica, Gideon, Dr. Elena Buenviaje
TOMS RIVER, NJ - Filipino couple Gideon and Rica Tonog appealed to the Department of Homeland Security to defer their deportation last year.
Because Rica is undergoing long-term uterine cancer treatment, an immigration judge stopped the deportation last week and has allowed them to stay in America for on humanitarian grounds.
Rica said, “I prayed and thanked the Lord for the answered prayer. Our victory is the community’s victory.”
But the Tonogs’ fight to stay in America is not over.
Filipino American Legal Defense Fund (FALDEF) President and legal counsel to the Tonogs, JT Mallonga said, “It will not solve the problem because it will not give them work authorization. But the primary purpose of the legal defense coming to play is to stop the deportation proceedings.”
Rica lost her legal status when her employer-sponsored visa application was denied because the employer was not financially qualified to sponsor her.
Gideon lost his status when his sponsoring company shut down after the 9/11 tragedy.
By then, Rica was diagnosed with uterine cancer.
Today, she is seven months pregnant with their first baby girl.
Gideon said, “Being able to stay here means that Rica will have better medical treatment.”
Mallonga said the couple would now enjoy some peace of mind and would not have to worry about getting arrested and deported while they search for new employers to sponsor their visas.
Despite the court decision — the Tonogs are still undocumented immigrants.
Mallonga said, “If an employer comes along and petitions them, and the petitions get approved and green cards for them are available, we can go back before the courts and reopen the case again.”
The Tonogs can then file an employment-based immigration petition to get green cards for them to stay legally in the US.
Rica is due to give birth in August.
She said her daughter will now have a better future ahead of her in her adopted country.