Here in the United States, immigration has been a subject of political contention for years. In the media, lines are constantly drawn between “legal” and “illegal” immigration as pundits debate who should be allowed to live, work, and vote on American soil.
But what do these terms actually mean? What does it look like to “get in line” to immigrate legally? This week, I’m exploring what it takes to immigrate to the United States—from moving across the border to obtaining permanent residency and citizenship.
Entering the U.S.
Immigration is the process of moving from one country to another in order to reside there or become a permanent citizen of that country. In the United States, the first step to doing so is, of course, entering the country. While there are many ways to do this—passports, student visas, and the like—the legal way, in order to become a permanent resident, is to enter by means of an Immigrant Visa.
Immigrant Visas can be issued for any number of reasons, including reunification with family members who are already residents or citizens, sponsorship by an employer, refugee status, or through the lottery system of the Diversity Visa, which offers a chance at residency to people from countries with low immigration rates to the United States. A child can also enter through an adoption process, while someone intending to marry a U.S. citizen or resident can enter through the K-1 “Fiancé(e)” visa.
Under the Immigration and Nationality Act of 1990, the federal government places quotas on the number of Immigrant Visas that can be issued for specific reasons, as well as on the number of visas that can be issued per immigrant country of origin. The cap for employment-based immigration is 140,000 people per year, while family-based immigration is capped at 226,000 per year; the only category with an “unlimited” number of visas is for those who have a U.S. citizen as an immediate relative.
Temporary Protected Status, or TPS, is also an emergency option for those seeking immediate asylum during extraordinary circumstances, although it doesn’t include a path to citizenship. Check out Victoria’s article on TPS here.
Immigrating Without Authorization
Unauthorized immigration can occur in multiple ways. While crossing the border into the U.S., a migrant may avoid going through a customs inspection or give false information to an immigration officer. They can also overstay the time limit of a temporary, non-immigrant visa.
As of 2017, Pew Research Center estimated that there were 10.4 million unauthorized immigrants living in the United States. However, this represents less than a quarter of the total number of immigrants currently residing in the United States, which is now well over 40 million. Another item of interest here is that most unauthorized immigrants did not sneak across a border—instead, they entered the country legally on a temporary visa and stayed past its expiration date.
Notably, most of the law regarding illegal entry is regarded as administrative or civil law, not criminal law. However, certain provisions of the Immigration and Nationality Act do allow for criminal prosecution for illegal entry in specific cases. These provisions have been used by the Bush, Obama, and Trump administrations to streamline deportations and deter would-be migrants, and are the center of most of the political controversy surrounding immigration.
Becoming “Legal”
The Deferred Action for Childhood Arrivals (DACA) program, first implemented by the Obama administration in 2012, gives undocumented immigrants who were brought the U.S. before the age of 18 two years of work authorization and protection from deportation. It does not, however, grant recipients any form of legal status, whether residency or citizenship. For more on the challenges of the DACA program, check out Eve’s post.
To become a permanent resident of the United States, you must apply for and receive a Green Card along with your Immigrant Visa. Hundreds of thousands of people successfully go through this process every year, including more than 500,000 during the 2019 fiscal year. Outside of obtaining an Immigrant Visa, this process generally requires paperwork, application fees, and a personal interview. A Green Card allows the holder to live and work in the United States for 10 years, after which it can be renewed.
Becoming a citizen of the United States, however, is a longer and more involved process, often referred to as naturalization. After holding a Green Card for five years, an applicant must be reviewed for their eligibility to become a citizen. This process involves another interview, an English language test, a civics test, and filling out other documentation. After being approved, the applicant swears an oath of allegiance to the United States and becomes a fully-fledged citizen.
What’s The Problem?
While this process seems relatively straightforward, our immigration system faces several challenges. The quota system for Green Cards is one of the key issues. In 2018, it took an average of 5 years and 8 months just to apply for a Green Card, with even longer wait times—up to 20 years, in some cases—for residents of India, Mexico, and the Philippines. By March 2020, there were nearly five million people waiting in line to receive both employment-based and family-based visas, with over 200,000 applicants at risk of dying before their applications can be approved. Congress hasn’t updated the quota system since the Immigration and Nationality Act was passed in 1990.
What Can I Do?
Policy changes at the federal level are key to repair our overburdened quota system. You can help by contacting your senators and representatives to encourage them to introduce and support immigration reform bills, as well as by supporting candidates who prioritize equitable immigration policy.
For more on immigration, check out these posts:
- What is it like to live undocumented? Five Lessons from “Living Undocumented” by Victoria
- Misconceptions About Immigration by Grace A.
- Novel Hand’s Resources on Refugees & Immigration
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