NEW TOOLS FOR LEGAL IMMIGRATION

Immigration is an important subject of conversation among many American public figures, politicians and lawmakers. Greatly brought to the people’s attention in the last decade, immigration has raised the public interest and awareness, after years of down-toned curiosity and concern. New unions and associations for the rights of legal immigrants, such as AFLA (Association for Legal Americans), are the spawn of a recent trend within the public opinion.

The Purpose of many of these associations is to speak up in favor of lawful immigration, while condemning illegal immigrants for living in the United States by breaking the law. Some analysts believe that these latest parties came to be because immigration is in front of everyone’s eyes and, whether the public likes it or not, we have to deal with it and admit its existence and imminence. It is necessary, some associations spokesman state, to accept the inevitable legal immigration, while prohibiting illegal immigration by enforcing anti-immigration laws.

Nonetheless, many people advocate for the rights of both illegal and legal immigrants by saying that they should both be given equal rights and that not all immigrants have the money or the time to process a lawful Visa or Permanent Residency. Some also claim that numerous immigrants are stuck in the U.S. under an illegal status for both their country of origin and the United States being, to all intents, stateless. Most of these migrants are the children of a precedent wave of unlawful immigration; they have neither passport nor residency in any country.

The United States Citizenship and Immigration Services, also known as USCIS, has recently introduced new measures to fight illegal immigration while helping legal immigrants. Rules have become stricter in the last seven years, making the immigration process longer, more costly and, sometimes, endless.

Despite procedures’ length, costs and stress, USCIS has introduced new opportunities for many people willing to emigrate to the United States, such as the Premium Processing for certain form I-140 (Immigrant Petition for Alien Worker), or the new two-year Employment Authorization Documents (EAD). The first will be filed on behalf of certain foreign workers near the end of their sixth year in H-1B nonimmigrant status and requires a $ 1,000 fee. The latter will only be available to people who have filed to become lawful permanent residents (LPR) by filing a form I-485 and filed for Employment Authorization under Section 274.a.12(c)(9) of Title 8, Code of Federal Regulations, but are unable to become an LPR because an immigrant visa number is currently unavailable.

These new tools are about to join the already great list of Visas and Employment Authorizations available to foreigners worldwide.

At the same time, the US Government is willing to be tougher on illegal immigration. Recently, the Administration has decided to make it mandatory to utilize the E-Verify system to ensure that their employees are legally authorized to work in the United States. This system, analysts say, should discourage employers from hiring illegal labor, thus preventing lawful migrants from getting the work opportunity.

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Contributed by Genilde E. Guerra, Attorney at Law
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