Immigration reform has been the central issue of discussion since last week. It started with the gang of eight bi-partisan Senators introducing their immigration reform plans, followed by President Obama’s announcement on his detailed plan. The Congress’ House Judiciary Committee also conducted its first hearing choosing immigration as their subject of discussion. All these indicate that the momentum for a real immigration reform is building each day drumming up excitement to the immigrant communities. Several of those who will possibly benefit from the immigration reform are eagerly seeking clarification on steps that may be taken in the event the law is passed. Very recently, I received the following email from a reader:
I came here in the U.S with a tourist visa in 2008. During the exact date of my expiration stay of 6 months on April 13 2009, I married a man with a permanent status. We have conflict in our relationship and we don’t live together now. He does not want to get his citizenship and also he does not want to file a petition for me up to this time and then he also does not want to divorce me.
My question is, what should I be doing right now in preparation for the incoming immigration laws of President Obama? Secondly, can I possibly file on my own petition without any required signature of my husband? Thirdly, with this situation of mine, should I be doing something, like filing a divorce in preparation for the possible amnesty as being pushed by Pres. Obama? Please help!- Marie
Marie presents a typical visitor visa holder who overstayed and fell out of status.
For those who are currently undocumented, understanding the basic principles laid down by the bi-partisan Senators and President Obama will provide us with the idea on what we anticipate Congress would pass as immigration reform.
Obama’s Plan
In his speech last week, President Obama generally mentioned four parts of his proposed immigration reform (1) continue to strengthen the borders (2) crack down on companies that hire undocumented worker (3) hold undocumented immigrants accountable before they can earn their citizenship; this means requiring undocumented workers to pay their taxes and a penalty, move to the back of the line, learn English, and pass background checks (4) streamline the legal immigration system for families, workers, and employers.
The gang of eight bi-partisan Senators laid down four pillars of their immigration reform plan (1) Create a tough but fair path to citizenship for unauthorized immigrants currently living in the United States that is contingent upon securing the borders; (2) reform the legal immigration system to better recognize the importance of characteristics that will help build the American economy and strengthen American families; (3) Create an effective employment verification system; (4) Establish an improved process for admitting future workers to serve the nation’s workforce needs.
Both President Obama and the gang of eight senators agreed that the immigration system is broken and that there is a need to fix it through a comprehensive reform. They both agreed that once the undocumented become legal immigrants, there would be a pathway to citizenship. The senators’ proposal, however, will allow the opportunity to become U. S. citizens only when the borders are fully secured. There is no such contingency on President Obama’s plan. Both border security and interior enforcement efforts have been aggressively taken in the last decade. There is a budget of $18 billion annually for enforcement to secure the border and the interiors. More than 409,849 were also deported in 2012 according the figures reported by the Department of Homeland Security. All these indicate aggressive efforts toward securing both the border and the interiors. To make security of the border as a condition precedent to receiving the green card will be unjustifiable.
Waiting in Line
Interesting to note is the proposal that those present in the United States and who are undocumented, will have to wait in line behind those who have been waiting for several years to receive their green card. This means that there will be no green cards to undocumented immigrants unless all those who have filed petitions ahead of them received their green cards. Unfortunately, close family members and legal permanent residents wait years or even decades to get a visa.
It is not easy to simply get into the line. The waiting time is long especially for family based petitions of U.S. citizens for siblings coming from the Philippines. It takes 24 years before these siblings are able to immigrate. For adult children of U.S. citizens, it takes 16 to 19 years before a visa is made available. An undocumented who will have to wait that long before a green card is issued will suffer the effects of a backlog before his status is legalized. A real reform must provide a solution to reducing the backlog. This may be done by adding more visas to both family and employment categories.
To Marie and those who are similarly situated, keeping handy all immigration documents related to their entry to the United States may be a step towards preparing to legalize once status. Another important note is not to make major plans to travel unless it is authorized.
(Tancinco may be reached at 887 7177 or 721 1963 or email her at law@tancinco.com or visit her website at tancinco.weareph.com/old)
