Where is our current U.S. immigration system today? What’s working? What’s not working? By all accounts, many aspects of our system are broken and dysfunctional, badly in need of repair.
By the accounts of many in the field, our Non-Immigrant visas (”NIV”), those limited in terms of duration and purpose, generally tend to function well and accomplish their purpose. However, Consular practices in terms of visa issuance and refusals is a separate discussion and subject to many heated debates. For the moment, focusing on those who legitimately receive NIV’s, these tend to work reasonably well, and any conceivable form of CIR will not spend much focus on this aspect of U.S. laws.
Also, our Naturalization process, the method for someone of a foreign-born nationality acquiring U.S. citizenship after birth, by and large seems to be working well in general. While there are some procedural bumps in terms of physical presence in the United States (as a Lawful Permanent Resident) and potential pitfalls for applicants with criminal backgrounds, this aspect of current regulations will also not likely receive much attention by CIR.
Family-sponsored immigration will certainly be an aspect deserving of some much-needed attention by CIR. Our current systems have resulted in backlogs and quotas, delaying legitimate applications to bring family members together by many years. Depending on nationality and degree of family relation, cases range in processing times for adjudication from less than one year, to well over 10 years. The fastest type of case generally being cases for Lawful Permanent Residence (LPR) based on marriage to a U.S. citizen. Traditionally, the slowest cases are those between siblings and cases of sponsoring adult married children. Years of adjudications of cases in this arena have brought to light many unanticipated problems and issues, particularly in cases of children “aging out”, i.e. turning 21 years of age, before a Green Card can be obtained, often resulting in families being split into pieces, because some members may obtain LPR, while others do not.
The Humanitarian aspects of immigrating legally, including asylum from political persecution, and petitions for the benefit abused spouses and children, tend to work reasonably well, notwithstanding the complicated and delicate nature of proving and adjudicating such cases. CIR is not likely to affect these aspects.
Perhaps the best-known, and arguably most hotly debated aspect of our current system relates to Employment Verification, employment of immigrants and the issues of illegal immigration. This is in large part due to the selective, and often inflammatory coverage by mainstream U.S. media.
Despite government figures estimate the population of undocumented Aliens (those present in the United States without permission, or in violation of law) at about 12 million to 15 million, many other estimates place this ’shadow population’ much higher, at about 30 million. While mass-removal of this population is neither practical nor viable, the U.S. government is grappling with how best to balance the needs of the U.S. economy, the needs for national security and compliance with laws, and the needs of immigrants and their families. This is likely where CIR will most prominently come into play. While concepts such as “earned legalization” are being pushed by pro-immigrant groups, anti-immigrant support groups employ rhetoric which terms any kind of legalization effort into “amnesty”, purportedly giving those who willfully broke U.S. laws an unfair break or advantage, vis-a-vis U.S. citizens and those who chose to immigrate legally. This is where our system needs the most work.
Much lobbying, particularly on part of anti-immigrant groups and associations, has slowed legislative and advocacy efforts in Congress. If it wasn’t for this last mentioned component surrounding employment verification and the large undocumented population, the Reform regarding the other issues, as laid out above, would have long happened by now.
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