Why immigration reform is necessitated (percentage iii)

Posted by Criminal Defense Lawyer Friday, November 20, 2009

assuming that the undocumented, “illegal” immigrant population of millions can’t be physically removed from the united states, the following best thing the nation as a whole can and will have to do, is figure out in which way to turn this shadow population, into a generative, legal, law-abiding, tax-paying population, who will contribute to our society in a legal and meaningful way, mutually for safe legal status in this country.

essentially this would quantity to a win-win for both the immigrants and for the united states. Any viable legalization crusade will have to make each undocumented alien satisfy a series of requirements to “earn” their newly legalized status. Such requirements will have to include: 1) proof of residence, 2) proof of stable employment, 3) registration as a tax payer, 4) proof of good character and absence or unavailability of criminal history, 5) proof of adequate financial resources for purpose of getting a public charge. There can also be other requirements to fullfill, possibly relating to proof of health insurance, proof of having placed children in school, etc.

in return for being able to demonstrate compliance on these issues, the united states will register undocumented immigrants, require the collection of firstborn biographical info, require the payment of fees and penalties, and issue valid legal immigration status, which will provide legal stay and employment in the u. S. , much like a work visa.

while the specifics of this earned legalization are not yet known, it will probably take the character of a time-limited non-immigrant visa which authorizes employment and extends to the applicant’s immediate dependent family. What it will likely not be is a a form of permanent residence (”green card”) or even citizenship. Whether or how the legalized immigrant below these new provisions can seek permanent residence and/or u. S. Citizenship, remains to be seen.

there is a general consensus amidst a lot of experts in the field, that given a viable choice to come out of the woodwork and seek legal status, — and discontinue the illegal stay and life in the shadows, — most immigrants out and away will chose to do so, if the fear of prosecution and remotion (deportation) can be removed. Even the payment of stiff penalties and filing fees would not be an adequate deterrent.

virtually all undocumented immigrants, irrespective of how they fell into this group, are in the united states by their choice and free will (for the most part with the exception of minor children, who accompanied parents or relatives to the united states).

regardless of how cir will pan out, the u. S. Government agencies who in one way or another deal with immigration, have their work more than cut out for them. (dhs, cbp, uscis, dos, ssa, irs, dol, doj, et al. ) once cir becomes realness and is signed into law, there will doubtless be an enormous onslaught of apps by millions of undocumented aliens, in addition as by other aliens and u. S. Citizens, who will want to take vantage of new measures, for their workers, family members, spouses, etc.

it are going to be necessary to be well-prepared and ready. Saving for government filing fees, saving for possible legal fees when the help of an immigration lawyer is sought, collecting and organizing of documents, and collecting of supporting documents and info for the completion of government forms, all of these are going to be necessary and time-consuming, and the lines will likely grow very long, very fast.

applicants, who will want to file any kind of application or petition, if to be share of cir, will have to seek the advice and assistance of qualified, u. S. -licensed attorneys who are qualified to render advice on u. S. Immigration laws and regulations, and are preferrably a member in good standing of the american immigration lawyers association (aila).

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