Chilean couple stands behind benefactor Jacob

SARATOGA SPRINGS, Utah County — When a Chilean couple accepted the aid of a wealthy member of their local LDS congregation, they never dreamed that years later it would spark campaign controversy.

In fact, Marta Araya de Silva accused the Deseret Morning News, in an e-mail, of "slandering" her and her husband, Oscar Silva, when allegations first arose that they were "illegal immigrants" hired by 3rd Congressional District candidate John Jacob several years ago.

Jacob, who has campaigned on cracking down on illegal immigration, has sparred with Rep. Chris Cannon, President Bush's point man on comprehensive immigration reform and Jacob's opponent in the Republican primary

Jacob has maintained both Silvas had visas and that an attorney helped him set up a company so he could legally employ the two, while he sponsored Oscar Silva's nursing education.

One of the Silvas' daughters, Cristina Hammond of Idaho Falls, said Jacob has accurately described her parents' situation. She said her father was here on a student visa at the time and her mother was on a visa connected to that student visa. She said that Jacob had helped her mother set up the company because she did not want to just take money while he was sponsoring the couple; she wanted to earn it legally.

"A lawyer told her she could," the daughter said.

"Mr. Jacob is pretty much known as a person who helps a lot of people. He didn't have any other intentions," she said. "He was careful enough to get a lawyer."

In her e-mail from Chile, where Marta Silva is staying, Silva said she's currently a "legal resident" and has never been otherwise. However, she didn't say whether she or her husband had obtained permission to work at the time that they were sponsored by Jacob. Nor did she provide any information on the company created under her name in 2000.

Jacob said Marta did some secretarial and domestic work and Oscar did some yard work during summer breaks.

Jacob provided federal 1099 tax forms for payments to a company or an independent contractor totaling $109,514.69. The company, Office Specialist of Utah, was registered to Marta. The payments were made from 2000 to 2004. Immigration attorney Janice Olson, who Jacob said helped set up the company, declined to comment, citing attorney-client privilege.

Timothy Wheelwright, chairman of the Utah chapter of the American Immigration Lawyers Association, explained, without knowing the details of this case, that through such companies a foreign national would likely be paid in dividends, or a loan, rather than by salary.