With Sheepskin in Hand, He Hopes for Legal Papers : Immigration: A top student with a scholarship to the University of Chicago surrenders to the INS. He illegally entered the country when he was 6.

A 19-year-old high school valedictorian, fearful that his status as an illegal immigrant might prevent him from accepting a scholarship to the University of Chicago, surrendered to immigration authorities Friday.

Rafael Ibarra, a star athlete, scholar, community activist and valedictorian at Point Loma High School in San Diego, submitted an application to the U.S. Immigration and Naturalization Service to remain in the United States so he can study philosophy, economics, physics and computer science.

“What I’ve done (in high school) is nothing compared to what I can do once I have a university education,” Ibarra said. “Then I can contribute a lot to the United States.”

INS spokesman Rudy Murillo said Ibarra, who came to this country illegally when he was 6, has an excellent case for being allowed to remain.

At Point Loma, Ibarra was on the cross-country, track and wrestling teams and, with a 4.34 grade-point average, became a lifetime member of the California Scholarship Federation. He belonged to a club for Latino students, was vice president of the organization Youth for a Better World, taught martial arts, and won a Rotary Club speech contest.

As valedictorian, Ibarra addressed his class in English and Spanish and received a standing ovation for his speech about perseverance and setting lofty goals. “He’s a powerful public speaker,” Point Loma Principal Mary McNaughton said.

Ibarra does volunteer tutoring for low-income and minority students at the Harbor View Continuing Education Center and is a translator at the Food Cooperative in Barrio Logan, one of San Diego’s poorest neighborhoods, where he lives.

He was also offered scholarships to Brown University and Occidental College and the University of San Diego, but chose the University of Chicago after visiting the school and being impressed with the library. “The books were everywhere,” he said, adding, “what a source of knowledge!”

Along with seeking resident alien status, Ibarra wants permission to work while attending the University of Chicago so he can send money to San Diego for his mother and sister.

One night 13 years ago, Ibarra, his mother, his brother and another sister sneaked into the United States by following a well-worn path in the hills near San Ysidro. Ibarra’s father, whom he has never met, remained in Michoacan.

Ibarra’s mother, who is disabled, receives $307 a month in welfare payments to help raise her 11-year-old daughter, an American citizen. As an illegal immigrant, Ibarra has not been eligible for a Social Security card, a requirement for getting a job.

“It’s not easy to live on welfare,” Ibarra said. “You’re always being checked on. You are living with fear. I need to be independent so I can work and help my mother get off welfare.”

By federal law, an undocumented immigrant who has been in this country for seven years can seek to remain if he can prove he is of good moral character, has strong ties to this country and would suffer extreme hardship if deported.

At the request of U.S. Rep. Lynn Schenk (D-San Diego), the INS has agreed to expedite the processing of Ibarra’s application, submitted Friday under the glare of television lights.

There is also recent precedent working in Ibarra’s favor. A year ago in San Diego, a federal judge granted resident status to Alejandro Montoya, a teen-age undocumented immigrant from Colombia who attended high school in San Diego and had been admitted to Notre Dame University.

As in the Montoya case, the INS probably will not oppose Ibarra’s application, which is backed by letters of support from two dozen high school teachers, university professors and community activists.

A court hearing is set for Feb. 11, but Ibarra’s attorney, Clifford Imbro, hopes to get an earlier date. While awaiting the hearing, Ibarra is free to attend the University of Chicago.

“Sending him back to Mexico would be like sending him to a foreign country,” Imbro said.

A spokesman for the University of Chicago said Ibarra’s four-year scholarship, which covers the $17,910 annual tuition and provides up to $10,000 a year for living expenses, was based on merit and is unaffected by his immigration status. Confusion on that point had led Ibarra to go to the INS and begin the process of becoming a legal resident.

Still unsure what kind of career he wants, he said he is drawn to organizing and social work, maybe politics.

“My battles are only beginning,” he said. “That’s what I’m really asking: Give me a movement, give me something I can dedicate myself to.”