CHILE · UNITED STATES
Key Facts
- What is happening A Chilean father is in ICE custody in Utah while his wife prepares to fly home with their baby.
- Why it matters The couple say a US$5,000 asylum filing turned a legal visit into a removal case.
- The numbers The baby is two months old, and the couple paid US$5,000. The traffic stop happened in October.
- Who is who ICE is US Immigration and Customs Enforcement. The couple entered under the Visa Waiver Program for short stays.
- What to watch Whether the father is released or removed, and whether the filing adviser faces any complaint.
- What it means for you Visa waiver visitors who file for asylum can lose the right to contest removal. Use licensed lawyers.
- Power Index Chile ranks 3rd of 14 in The Rio Times Latin America Power Index, with 63.6 points (October 2026 edition).
A Chilean couple who entered the US legally ended up in immigration detention after, they say, paid advice to file for asylum. The wife is going home with their baby.
What Happened in Utah
A Weber County sheriff’s deputy stopped a Chilean couple in northern Utah in October, the wife says over car registration. She says the husband, who was driving, had no licence, and they were booked into the county jail on behalf of ICE.
At the jail, they learned they were under a removal order from an immigration judge. The wife, Javiera Quiroga-Galvez, says they never knew about it.
She says she updated their address with US Citizenship and Immigration Services (USCIS) but not with the immigration court. The couple’s attorney, Dan Black, says they were misadvised.
The US$5,000 Asylum Filing
The couple entered legally under the Visa Waiver Program, which allows stays of up to 90 days without a visa. Black says that by using it they agreed not to seek a longer stay.
Someone they believed to be an attorney charged them US$5,000. That person suggested an asylum application.
Black calls the advice “short-sighted at best”. He says they did not qualify, so the filing put them on a path to deportation.
Where the Family Stands Now
Quiroga-Galvez reports to ICE with an ankle monitor and is preparing to return to Chile. Her daughter holds a US passport, and her husband remains in the Weber County Jail.
Chile’s foreign ministry says its Los Angeles consulate contacted her and offered guidance and consular help. The father remains in the Weber County Jail.
The US Department of Homeland Security, ICE’s parent agency, has said both spouses overstayed their visas after entering on 16 May 2024. The couple’s side says they filed for asylum within the 90-day window.
A Wider Problem of Bad Advice
Black says his office sees such cases often, many involving notarios. A notario is a lawyer in many Latin American countries but not in the US.
Clients of unlicensed helpers have little recourse, while those of licensed attorneys can complain to the bar. The Utah State Bar’s committee on unauthorized practice has had only about two dozen immigration complaints in five years.
What It Means for You
If you visit the US without a visa, check your status with a licensed immigration attorney before filing anything. Black advises asking for the attorney’s bar number and state, and trying nonprofit groups first if money is tight.
Keep your address current with both USCIS and the immigration court. Her mistake, she says, was updating only USCIS.
What Is Not Known
The details come from the wife and her attorney, and the removal order is not in public records. It is not known whether the adviser was a licensed lawyer.
No date has been given for the husband’s hearing or release. ICE has not commented on the couple’s account in the reports reviewed.
What Comes Next
The wife expects to leave for Chile soon, and her husband waits in custody. Background on the programme is in Chile and the Visa Waiver Program.
More is on the Chile hub and the Santiago city page. The claims here are the couple’s and their attorney’s, and the family is presumed innocent of any crime.
Frequently Asked Questions
Why is the Chilean father in ICE custody?
ICE found a removal order from an immigration judge after an October traffic stop in Utah. His wife says the couple did not know about it.
What is the Visa Waiver Program?
It lets citizens of certain countries visit the US for up to 90 days without a visa. Users give up the right to seek a longer stay.
What went wrong with the asylum filing?
The couple paid US$5,000 to someone they thought was a lawyer. Their attorney says they did not qualify, so the filing led toward deportation.
What did Chile’s government do?
Chile’s foreign ministry says its Los Angeles consulate contacted the wife. It offered guidance and consular help.
Sources: Chile’s Ministry of Foreign Affairs; US Immigration and Customs Enforcement; US Department of Homeland Security statement; US State Department, Visa Waiver Program; US Executive Office for Immigration Review; Utah State Bar; statements by the couple’s attorney (all accessed 4 November 2026).
This article was produced by The Rio Times’ automated newsroom system. How we use AI · Report an error · Editorial responsibility: Matthias Camenzind, Editor-in-Chief