Why Immigration Reform is Needed (Part III)

Posted by Criminal Defense Lawyer Thursday, November 19, 2009

Assuming that the undocumented, “illegal” immigrant population of millions cannot be physically removed from the United States, the next best thing the nation as a whole can and must do, is figure out how to turn this shadow population, into a productive, legal, law-abiding, tax-paying population, who will contribute to our society in a legal and meaningful way, in exchange for safe legal status in this country.

Essentially this would amount to a win-win for both the immigrants and for the United States. Any viable legalization effort will have to make each undocumented alien satisfy a series of requirements to “earn” their newly legalized status. Such requirements must include: 1) proof of residence, 2) proof of stable employment, 3) registration as a tax payer, 4) proof of good character and lack of criminal history, 5) proof of adequate financial resources for purpose of becoming a public charge. There may 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 basic biographical data, 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 most likely 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 under these new provisions can seek permanent residence and/or U.S. citizenship, remains to be seen.

There is a general consensus among many 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 by far will chose to do so, if the fear of prosecution and removal (deportation) can be removed. Even the payment of stiff penalties and filing fees would not be an adequate deterrent.

Virtually all undocumented immigrants, regardless of how they fell into this group, are in the United States by their choice and free will (mostly 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 reality and is signed into law, there will doubtless be an enormous onslaught of applications by millions of undocumented aliens, as well as by other aliens and U.S. citizens, who will want to take advantage of new measures, for their employees, family members, spouses, etc.

It will be essential 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 gathering of supporting documents and information for the completion of government forms, all of these will be essential 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, whether or not to be part of CIR, should 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).

1 Responses to Why Immigration Reform is Needed (Part III)

  1. Brittanicus Says:
  2. NEW AMNESTY JUST ANOTHER TRAVESTY? ADD AMENDMENTS TO THE 1986 IMMIGRATION REFORM & CONTROL ACT (IRCA)

    For decades this country has been a very large sponge, for anybody who can easily slip by the under funded border fence? Our compassion for the impoverished has turned into a travesty and now we are forced by the IRS to pay government entitlements to those who came here illegally. WE think it's bad now, but if Sen.Harry Reid, Nancy Pelosi Chuck Schumer, Sen. Gutierrez and all the rest of Democratic Liberals get to pass another AMNESTY. The volume of indigent humanity waiting in every tin shack across the Southern border, the visa overstays from Europe and any other destitute society will rush for America, once the--BLANKET AMNESTY--bell tolls. We think we have a problem now, with hundreds of thousands of homeless? The government will have to build acres of tent cities to hold the newcomers.

    If the border cannot restrain those who come here now, the US border Patrol or even the National Guard will not stop the onslaught. Not only will the materialize on our soil, from every corner of Central and South America, but will start arriving from Canada as well. With billions of dollars being spent on the families of Anchor Babies, shouldn't all of us be--COMMITTED AND PLACED IN THERAPY--to think the illegal immigration will just stop? Why hasn't the Birthright citizenship law reached the Supreme court yet? Why did California's Proposition 187 suddenly vanish? That's what the last three White House Administrations led us believe, when all the time they were supporting--CORPORATE WELFARE. The majority of policy makers up their in Washington, are out to fill their coffers with campaign contributions and other undisclosed remuneration. It's about keeping their careers and getting their copious pensions, when they retire. Neither party can be forgiven for the indifference shown to every American worker. The two parties have been instrumental in the free trade facade, that has cost jobs, the NAFTA controversy, the subliminal merger between Canada, USA and Mexico. We are awash with debt like nothing before? And President Obama wants to--FORCE--on this bleeding nation yet another monstrous AMNESTY?

    It's about the special interest lobbyists that corrupts the whole environment in the Capitol. Illegal immigration is by far the largest expenditures to the this nation? The costs will stagger the prudent mind, because the dollar figure is off the scale. This is not just in federal dollars, but state, county and city dollars? If they cannot be honest and telling us the illegal population in this sovereign nation, they certainly will not inform the crippling financial price to support them. GOOGLE--NUMBERSUSA for enforcement grading of your politicians in federal or state government? Read about corruption and sanctuary city policies at JUDICIAL WATCH. CAPWEB, ALIPAC, CAPSWEB, AMERICAN PATROL & THE DARK SIDE OF ILLEGAL IMMIGRATION. Hunt down you politician either over the phone at 202-224-3121, or go their in person. Tell them that they are--OUT--if they vote for any kind of AMNESTY. Tell them E-Verify must be made permanent, to start the "ATTRITION" enforcement procedure for every illegal worker in America? What can you do for AMERICA? We cannot afford overpopulation growth, nor corrupt politicians pandering to illegal immigrant open border fanatics?

     

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