Espinosa was advised by immigration lawyer Marcia Perez to secure a parole visa if he intends to leave the US. Without a parole visa, his application for a green card may be cancelled. The waiting period for Espinosas green card will take two more years.
Espinosa, his wife Marie Cherie and their two childrenJohn Louie, 11, and Janica, 4live in Daly City, California.
Espinosas attorney-in-fact Noel Rivera wrote to California Rep. Fortney (Pete) Stark last Oct. 6 to request for assistance in facilitating the release of the parole visa.
In the letter to Stark, Rivera also asked for a speedy resolution of Espinosas immigration case, which was approved four years ago but has not been acted on.
"Luisito has been approved for an I-140 ruling due to his exceptional ability as a world champion professional boxer," said Rivera. "Despite his efforts to adjust his status for permanent residency, he has still been denied his just due since August 1999.
"To millions of American boxing fans and Filipino-Americans who recognize a true sports hero, Luisito has exemplified the grace and perseverance of a professional athlete. He has embodied the ideals of the Muhammad Ali Act. He is the father of two American citizens, a loving husband and a great role model. Mr. Espinosa would like to seek humanitarian aid in acquiring a parole visa to afford him and his family to leave the US while awaiting his ruling. This will afford him and his family to visit his terminally ill father and ailing mother-in-law in their remaining days."
Espinosa will also take advantage of the visit to earn $25,000 for fighting Baloyi and follow up his collection case against former South Cotabato Gov. Larry DePedro who owes him about $130,000 for a 1997 bout in Koronadal.
A source close to Espinosa said the fighter is reluctant to leave the US unless he is issued a parole visa so as not to jeopardize his application for a green card.
Perez said if Espinosa leaves the US without a parole visa, he may not be able to go back. "There are waivers for a return but they take at least a year to get approved and they are not called humanitarian parole," noted Perez. "The US consulate in the Philippines has a very low approval rate for such waivers and Luisito takes a big risk of not being able to return."
Notwithstanding the pending application for a parole visa, preparations are going on to stage Espinosas "last hurrah," his bid to become Asias first-ever fighter to capture world titles in three different divisions.
Rivera confirmed that the IBO championship bout has been sanctioned by the governing bodys president Ed Levine. Baloyi has agreed to face Espinosa here for a $75,000 purse, air transportation for four from South Africa to Manila and back, board and lodging for the traveling party, and two options in case of a loss.
Espinosa signed a two-year contract last February to be managed by Randy and Josie Harris of Daly City. The contract stipulates a 33 1/3 share of Espinosas fight purses for the Harrises who are concert promoters. Although the Harrises now manage Espinosa, Rivera remains his attorney-in-fact.
Rivera recently advised Espinosa to seek clarification from Sal Barajas, deputy commissioner of the California State Athletic Commission, on the binding nature of his contract with the Harrises. Rivera said the contract is "mutually breached" because both parties are in violation of their obligations to each other.
"The Harris management hasnt provided Espinosa with a fight in 11 months," said Rivera. "In return, Espinosa has not delivered the goods, by not fighting. Their responsibility was to provide for training expenses, lodging and medical fees. I believe that the long period of inactivity is detrimental to Luisitos career and his comeback."
The Harrises are involved in a jewelry and cargo business.
Riveras father Hermie, who is in Manila, said efforts are being made to secure a parole visa for Espinosa. He did not rule out postponing the title fight to January if the parole visa is not issued in the next few weeks.