Immigrants assist in growing our economy by filling particular labor demands, buying goods, and paying taxes. According to Kleiner Perkins Caufield & Byers partner Mary Meeker’s annual internet trends – Sixty percent of the highest-valued tech companies were co-founded by first- or second-generation immigrants. To mention a couple, Jeff Bezos, the CEO of Amazon, is a second-generation Cuban immigrant while the founder of Google, Sergey Brin, was born in Russia making him a first-generation immigrant. Although these success stories for these first and second-generation immigrants are excellent, many fall through the cracks. It can be challenging to go through the immigration process, especially if you are unfamiliar with it. There are many reasons why it can become increasingly difficult for an immigrant to obtain citizenship, causing undocumented individuals to live out the rest of their lives without becoming legal residents of the United States. We will explain why it is essential to understand immigration and how that can lead to immigrants not applying for citizenship.
No “Line” Available
Immigration in the United States is based on three legal avenues: humanitarian protection, employment, or family reunification. Each one is highly regulated and tentative to specific eligibility requirements, regulations, and limitations. Consequently, many undocumented immigrants cannot access humanitarian protection, and they do not have employment or family relationships. This makes it nearly impossible for an undocumented individual to achieve legal status in the United States. Even individuals involved in their communities by working and paying taxes do not have a way to “get in line” unless congress creates another passage to obtain legal status.
Humanitarian Protection
The United States sets a yearly limit on how refugees entering the country for humanitarian reasons. To enter, the individual seeking asylum must demonstrate a “well-founded fear of persecution based on race, religion, membership in a particular social group, political opinion, or national origin.” Asylum seekers will also be screened by several international and U.S. agencies. It is essential to understand that many undocumented immigrants do not qualify for asylum because the law typically requires an individual to apply for asylum within one year of entry to the United States. It can be difficult for undocumented immigrants in their home country to seek asylum in the United States since immigrants do not qualify based on poverty or difficult economic conditions. On the other hand, asylum seekers who fear returning to their home country and are already in the United States must prove that they meet the definition of asylee or refugee.
Employment
Undocumented immigrants looking to enter the United States for temporary or permanent employment are generally required to have a job already lined up with an employer that will become their sponsor. An undocumented immigrant can enter the U.S. on a work visa if:
- Their employer makes a petition for a specific and qualified individual who meets job skill and education requirements.
- The employer is not able to find a skilled U.S. worker to hire first.
Not many undocumented immigrants are eligible to receive employment-based visas due to the qualifications needed. Many of the jobs that qualify to enter on a work visa are positions with high levels of education, such as; professors, scientists, and multinational executives. There are visas for agricultural purposes, but there is a limited number available, furthering the difficulty.
Family Reunification
Citizens of the United States can petition for eligible family members to come to the U.S. as long as they meet the requirements. Lawful Permanent Residents (LPR’s) can also seek permission to bring their unmarried children and spouses. Visas are always available for minor children, parents, and spouses of U.S. citizens; however, there are numerical limits on other family members beyond the immediate family. When petitioning for a family member, the petitioner must demonstrate that they receive an income above the poverty line and must commit to supporting their family member. To make it clear, this means that visas on a family reunification basis are not available to undocumented individuals who do not have qualifying relatives meeting the needed requirements.
Rivera Law is here to assist you through your immigration process. If you have questions regarding a petition for a family member, obtain a work visa, or seek humanitarian protection, please schedule a consultation with an experienced immigration attorney at 561-651-9322.
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