With their legal options to remain narrowing, two longtime Culpeper Spanish teachers must leave the country in December.
Leo Legora and Gabriella Cornejo Legora — and the school division that’s been sponsoring them — have exhausted all legal avenues for them to remain in the community that’s been their home for more than a decade.
Leo, originally from Mar del Plata, Argentina, came to Virginia in 2005. Originally placed in a teaching position in Henrico County, that school division rescinded its offer that July. A subsequent call from Culpeper County Public Schools changed his future — the English teacher turned Spanish teacher arrived in Culpeper the day before the schools’ annual open house.
“I was thrown to the lions,” he said, laughing.
Leo immediately became involved with the high school’s soccer program.
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Gaby, who was looking for a change in her life, arrived in 2008, to teach for Loudoun County Public Schools in Purcellville. She’d previously taught English to children in preschool to high school for 13 years in Santiago, Chile.
Loudoun’s policy at the time was to rotate international teachers, so Gaby came to Culpeper under a “Cultural Ambassador,” or J-1 visa, as did Leo, through a program called VIF (Visiting International Faculty) which placed educators in North Carolina, South Carolina and Virginia.
The vast number of students and teachers in the Loudoun system sparked a desire in her for something more. It provided her respite and time to regroup — she’d held a lot of professional responsibility in Chile.
Leo had been to the U.S. previously through the prestigious Fullbright International Educational Exchange Program where he was an ESL teacher to adults in Waukesha, Wisconsin.
The two Spanish teachers became friends.
“Eventually, we became more than friends,” said Gaby.
They married.
In 2008, Culpeper schools again needed language teachers. The county’s second high school was opening and Leo transferred to Eastern View High School. Gaby was offered a position at Culpeper County High School.
In 2010, she became the head of the language department. Five years ago, he became the head coach of the EVHS boys soccer team, although he’s been involved in the program for all of its nine years.
Because their jobs were stable and they quickly fell in love with their new home, the couple began the arduous process to remain in the United States.
When their three-year J-1 visas expired, they were allowed to remain in the U.S. under HB-1 visas, the most common permit for international workers, renewed annually, but only for a lifetime total of six years.
They set their sights on obtaining a “PERM” — a nickname for Permanent Labor Certification, the first step in obtaining the coveted “green card” — that would allow them both to remain in the United States indefinitely and clear the way to obtaining American citizenship.
Personal setbacks and boundless optimism
Meanwhile, the couple suffered some terrible blows. Anxious to start a family, they suffered several miscarriages and still births. Each loss devastated them, but they remained hopeful.
Gaby, suffering from depression, said “You know what? I’m getting a dog!”
Enter Piva, a golden retriever, whose name means “girl” in Argentinean slang.
“She saved me,” said Gaby.
The Culpeper community, too, saved them.
Colleagues and friends reached out to support the two teachers in their times of grief, propping them up when life dealt a bad hand.
“In those worst moments, people respond. A parent of one of my former students brought us a quilt. Where do you get that? In Culpeper,” said Gaby. “Our friends, they are the unsung heroes of our everyday lives.”
The pair looked into the foster system. They wanted to be able to give something back to a child in need and fill the holes in their own aching hearts. They researched adoption. They completed all of the paperwork, training and vetting to become foster parents.
In the meantime, they lost another baby of their own.
Continuing on with short-term fostering, Gaby got some news she wasn’t expecting — again, she was pregnant.
Victoria Milagros, meaning “victory” and “miracles” turns 6 in September. She likes to proudly announce that she’s in first grade at “Owell” Elementary School, dropping off the Y.
The December following Victoria’s first birthday, the couple received an emergency 1 a.m. call from Child Protective Services asking if they could take a little girl immediately on an emergency basis.
“She was 5 weeks old. We didn’t know anything about her. We didn’t know how long she was going to be with us. And she had some health issues,” said Gaby. “I tried hard not to get too attached, but Leo, he went all in.”
The infant’s biological mother failed to meet a judge’s conditions and the court terminated her parental rights. Her biological father was identified through DNA testing. He declined to raise her and waived his parental rights.
The couple bought a modest home in a subdivision near Ira Hoffman Lane.
“We’re not rich,” said Gaby, “but this is home.”
About two years after the baby girl showed up at their house in the middle of the night, the Legoras officially became her parents through the Madison County court. The international adoption was approved in October of 2014.
Anna turns 5 in November.
“She, too, was a miracle in slow motion,” said Gaby. “We lived on hope that she was going to stay with us.
Both of the couple’s children are American citizens.
‘Hostages to a dream’
In 2012, the Legoras applied for a PERM with Culpeper County Public Schools as the sponsor.
According to Shaina Silvers, an immigration attorney for both CCPS and the Legoras based in Alexandria, the U.S. Department of Labor challenged their application.
As part of the process, the applicant’s employer must advertise the position to see if a minimally qualified American applies for the job. In the case of the Legoras, one qualified applicant could knock them both out of the PERM process because they both hold the same position in the school division.
“In the immediate sense, the labor certification could not go forward at that time,” said Silvers. The school division and the Legoras immediately filed a “motion to reconsider,” essentially an appeal that thrust the couple into legal limbo for four years as the processing time dragged on.
Each year, they maintained their legal status through the H1-B visas, with the six-year clock ticking.
With their cases on appeal for more than a year, time extensions were available. As long as the feds didn’t hand down a decision, they could continue to renew the H1-B, said Silvers.
The visas cost many thousands of dollars over the years.
During that period, the Legoras feared traveling to visit family in Argentina and Chile. Although Silvers said they could legally travel under an H1-B, varying requirements during certain periods of their renewal processes left them worried that they’d be unable to re-enter the United States. The risk was too great, they agreed.
“My father is 75 and it’s been five years now since I’ve seen him,” said Leo.
“We’ve been hostages to a dream,” said Gaby.
Carefully watching the Labor Department’s published processing times for PERM applicants, Silvers began to question whether they should begin the process all over again instead of continuing to wait for a decision on the appeal. Wait times for new applications had gone down — the Legoras’ appeal still stalled.
Processing times for PERM applications and quotas for immigrants “wind up being the enemy in these cases,” Silvers said.
But the Labor Department rendered a decision before they could decide the best course of action — their denials were sustained.
Starting from scratch, CCPS, the Legoras and their lawyer, filed another application for a PERM. The school division, again, posted the required advertisement for their positions.
“It’s unusual,” said Silvers, “for an employer to try again for an employee’s PERM, especially a school division. This is the second time they’ve done this in an attempt to sponsor these teachers.”
According to CCPS Human Resources Director Michelle Metzgar, there was only one applicant, deemed unqualified.
“In January, I was hoping to get an approval,” said Silvers. “We had this on merit. Instead, we were audited.”
Auditing adds about four months to the processing time, the lawyer explained.
With the remaining time on their H1-B visas dwindling, on July 20 CCPS and the Legoras received notice from the Labor Department in Atlanta that their labor certifications were denied because the department did not receive the requested audit response.
According to Silvers, Culpeper Schools and the Legoras, the paperwork was sent by FedEx to Atlanta for processing.
“We sent everything that they asked for,” said Metzgar. “I think it’s a huge ineffectiveness in our system that this is happening.”
“It was devastating news to everyone,” said Silvers. “They can’t extend the H1-B any more at this point. It’s been very excruciating.”
The Legoras’ only recourse is another motion to reconsider, but current processing times for appeals stand at 212 days — beyond the time they would be able to legally remain in the country.
“At that point, CCPS decided there’s virtually no point in appealing,” Silvers said. “They need to start looking for someone to fill those positions.”
Still, the lawyer filed a request to adjust their statuses — they’re allowed to remain in Culpeper while the request pends under a period of stay authorized by the Attorney General, known as POSABAG. The adjusted status would only allow them to finish out the fall semester and give them time to sell their home, pack their things and leave by the end of December, before they become “out of status,” or illegal.
“I’ve pulled every rabbit out of the hat that I could think of,” said Silvers, who has represented both teachers since they moved to Culpeper. “I’m so very sad for them as well.”
Over the years, Silvers also considered other visa categories the couple might apply under, including the EB-1 category and the National Interest Waiver.
“I looked into it. EB-1 is essentially for geniuses. That’s what Einstein would have used. There’ve been a number of applicants, teachers, try the National Interest Waiver. But it’s almost impossible to prove the scope of their impact; it’s hard to prove their reach beyond their own communities, as established by a few precedent decisions. Teachers haven’t really been successful in that category.”
Asked if there’s anything left to do, any paperwork left to file on behalf of the Legoras, Silvers paused.
“No.”
The shockwaves still rock the Legoras. They’re devastated. Leo tries to remain stoic while Gaby wears her emotions in private while putting on a brave face every day in front of her students and colleagues.
“Most people don’t know,” she said. “I smile, I tell jokes. I have to teach. They don’t know I have a broken heart. When I’m there, I’m 100 percent teaching.”
“I don’t know what we’re going to tell the girls when we have to start packing up their beds, all of their toys,” Gaby added.
Facing the future
Both Legoras suspect the current political climate may play a role in their situation, although he’s more circumspect.
“They knew they couldn’t say no to us, so they ‘lost’ our papers,” said Gaby.
“We don’t know that for sure,” said Leo.
They agree there’s been a change in policies that have been “non-beneficial to Hispanics.”
And they both fear that the current administration’s proposed merit system for immigrants would render them unable to earn enough points to return to the United States — primarily because of their ages. Under the plan, no points would be awarded for persons older than 50. Right now, he’s 48 and she’s 50. Accumulating points in other categories — with the exception of English proficiency — could prove difficult as well.
As it currently stands, they can leave the country and reapply for entry, with an employer sponsor, after a year. There’s no guarantee that Culpeper will have one, much less two, teaching positions available in October 2019, their first opportunity to return to the states.
“They’re part of our country, our county,” said Metzger. “It’s so disappointing that the system is failing them. We’d really love to keep them. We have a lot invested and we have a lot to lose.
“And from an HR perspective, losing two Spanish teachers in the middle of the year is going to be hard.”
Gaby worries about many things — her daughters, her husband and what’s next for their family — and the students they’ll leave behind in Culpeper.
They’ve decided they’ll go to Chile, for a number of reasons, including employment potential, where some British schools can pay relatively well. Chile’s also closer in external relations with the U.S. And it’s a hub for Latin America, with many immigrants.
“In many ways, it’s like being here,” said Gaby.
Still, a return weighs on the mother, who grew up under a Communist regime. She remembers spending hours in line with her own mother, waiting for one loaf of bread. She remembers how long it took to buy a single Popsicle to cut in half and share with her brother, and what a remarkable treat it had been. And in Chile, her children will be able, immediately, to apply for dual citizenship, but the process may take longer for her husband.
“I’ll be a foreigner again,” said Leo.
Gaby finished a master’s degree in teaching English as a foreign language; Leo only needs to complete his thesis to earn one as well.
“I dream a lot about having a doctorate,” Gaby said,”But in Chile, it’s so expensive and I know the country. They believe if you’re too old, you shouldn’t’ be working.”
Even though they’ve been advised that the door is closed, the Legoras pray for a “Hail, Mary.” Thursday, they contacted another immigration lawyer for a second opinion and they’ve written to Rep. Dave Brat and Sens. Mark Warner and Tim Kaine.
A representative from Brat’s office said their request was recently received, but the congressman hasn’t yet had a chance to review it and determine if his office can be of assistance. Calls to the senators’ offices were not immediately returned; however, an aide for Kaine sent an email stating the matter would be forwarded to the senator’s casework director.
An attempt to reach a spokesperson for the U.S. Department of Labor in Atlanta was unsuccessful.
Gaby said she recently saw the movie “Collateral Beauty.” At first, she didn’t understand it — now, she does.
“Leaving is loss,” she said, adding, “It’s important to be fed by the land where you live.”
She also dreads losing the family’s health insurance. COBRA won’t transfer internationally and they’ll have to enroll in Chile’s public health system. She recently underwent a lumpectomy for breast cancer and doesn’t know if the disease will return.
Leo, too, worries for the little family. He says he’ll miss the students he’s nurtured and the soccer program for which he was hoping to celebrate a 10th anniversary this spring.
Foreign teachers, he said, provide students a different way to see the world.
“It’s cultural. We talk about culture in South America and having a native speaker as a teacher makes it different. Some of my more curious students have even asked me if I dream in English or Spanish,” he said.
Leo’s alternately resigned and passionate about their claims to belong here.
They’ve followed the laws, he said. They’ve paid taxes. They purchased a home and adopted a child. They’re invested in their community, the community that openly invested in them.
“Our only crime is that we’ve been legal for 13 years,” said Leo.