Thread: Immigration Fallacy: Illegal Aliens Don’t Wait Their Turn

Immigration Fallacy: Illegal Aliens Don’t Wait Their Turn to Immigrate
September 18th, 2008


One of the most demonizing myths about undocumented aliens is that they blatantly disregard our immigration laws and obtain an unfair advantage.

The fact is, there is no avenue for the vast majority of illegal aliens (those that are not documented or whose authorization to remain in the US has expired) to legally apply to become legal permanent residents or to even work here temporarily. According to opinion surveys of illegal immigrants, 98 percent would prefer to live and work legally in the US if they were allowed to do so. However, most of them are not eligible for temporary or permanent visas, and even if they were, the wait for such visas can be many years or even decades.


Nonimmigrant visas run almost the full gamut of the alphabet. They are visas issued for a temporary period and for a specific activity. For example, there is a B-1/B-2 visa for tourists, an E-1/E-2 visa for treaty traders and investors, an F-1 visa for students, an H-1B visa for professional workers, a J-1 visa for exchange visitors (au pairs, students, professors, etc.), an L-1 visa for intracompany transferees, a K-1 visa for fiancés, an O-1 visa for extraordinary ability aliens, a P visa for athletes and entertainers, an R visa for religious workers, etc. These nonimmigrant visas categories are very narrow and restrictive.


The H-2A and H-2B visas, the two primary nonimmigrant visas granting employment-authorization to low-skilled workers, are inadequate for the millions of such workers in demand. The H-2A visa applies strictly to agricultural workers for a temporary or seasonal position. For the H-2B visa, the employer must demonstrate that the request for labor is a one-time occurrence, a seasonal need, a peakload need, or an intermittent need. There are only 66,000 H-2B visas available each year.


Last year when comprehensive immigration reform was on the political table, bipartisan guest worker legislation was proposed. Such legislation would have created a nonimmigrant visa for sorely needed unskilled workers in positions that are permanent in nature, not seasonal like the H-2s. If the guestworker visa had succeeded, it could have greatly ameliorated the illegal immigration conundrum in our country by legalizing low-skilled workers alien in high demand.

There are four primary ways for foreigners to obtain the green card, which is legal permanent residency in the US. These are through: (1) employment; (2) family; (3) asylee and refugee status and (4) the Diversity Visa Lottery. For the employment-based category, there are only 5,000 immigrant visas available each year for low-skilled workers such as gardeners and construction workers. This means that it can be many years before they can apply for legal permanent residency. As discussed above, there is no viable nonimmigrant working visa to allow the bulk of unskilled workers to remain in the US while they wait for permanent legal status in the US.


For the family-based category, if they are not sponsored by an immediate relative – US citizen spouse, parent or child (over 21) – then the wait can also be many years and even decades. Also, the family-based category is restricted to spouses, parents and children (under 21) of US citizens (immediate relatives); unmarried children and spouses of legal permanent residents; married sons and daughters of US citizens; and brothers and sisters of US citizens.


Obtaining asylee or refugee status is very difficult and only a small percentage of applications for such status are approved each year. The applicant must show that he or she has a reasonable fear of persecution, or suffered past persecution, on account of race, religion, political opinion, nationality or ethnicity, or membership in a particular social group. Asylee or refugee status is not available for victims of civil war, natural disasters, violent crime or extreme poverty. There is temporary protected status (TPS) for citizens of countries in which the Attorney General finds that there exist extraordinary and temporary conditions in the foreign state that are so unsafe as to prevent the return of the foreign national. The current countries designated for TPS are Burundi, El Salvador, Nicaragua, Honduras, Sudan, Somalia and Liberia.

The Diversity Visa Lottery is exactly what it says – a lottery. Only 50,000 visas are available each year and 100,000 individuals are selected each year to apply for one of these visas. Only individuals from certain countries – low demand countries - can apply and citizens from India or China are not included.

Almost all undocumented workers wish to become legal and permanent members of our society but are unable to do so because of the dearth of visas. They do not gain any unfair advantages living in the shadows, but rather are some of the most disadvantaged, vulnerable and exploited members of our community. It is time that we grant these hard-working and critically needed workers the status they covet and deserve.
http://www.mhkimmigration.com/mhkblog/

Keep in mind this obvious biased propaganda piece was written by an immigration lawyer, the scum of the lawering profession as they salivate like a Pavlov Dog at all the business the'y have if legal standing/amnesty were ever granted to illegal aliens.

...not eligible for temporary or permanent visas...

Because they have a communicable disease, can not financially support themselves, have criminal records, are on the terrorist watch list...

So, what this chick is saying is that foreign nationals that want to do what they please in our country, should get what they want? Does that sound crazy to eveyone but this Esq? Since Monique has a law degree, you would think she would understand the basic principle behind the Constitution, and that is governed by the people, which I'm thankful still outnumber the immigration attorneys and foreign nationals that think they run this country.

Dixie

THESE ILLEGALS ARE IN NO WAY DESERVING OF THEIR DEMANDS AS FAR AS RECEIVING AMNESTY AND A PATH TO CITIZENSHIP FOR BREAKING OUR IMMIGRATION LAWS. ITS AWFUL FUNNY THAT WHEN U.S. CITIZENS COMMIT A FELONY, THEY ARE STRIPED OF THEIR CITIZENSHIP. THEY ARE NOT ALLOWED TO VOTE. ITS JUST NOT RIGHT THE WAY OUR OWN GOVERNMENT IS PUTTING ILLEGALS BEFORE WE THE PEOPLE. AND NO MATTER WHO WINS THE ELECTION FOR PRESIDENT, THEY ARE GOING TO PUSH AMNESTY FOR THOSE WHO HAVE NO REGARD FOR OUR LAWS

However, most of them are not eligible for temporary or permanent visas, and even if they were, the wait for such visas can be many years or even decades.

We can't all have everything we want, can we? If they are not eligible, then we don't want them here, end of story!

Unskilled and uneducated people are NOT needed in this country, we have enough of our own who are unskilled and uneducated, why would we import more?!?!?

We can't absorb 98% of the people who want to come here, WE get to pick and chose who we DO want to come in. That's the way it should be. Get over it.

According to opinion surveys of illegal immigrants, 98 percent would prefer to live and work legally in the US if they were allowed to do so

Well of course they would! Is this any surprise! Does it really even matter what someone who has entered this country in violation of our immigration laws would 'prefer?'

They kind of forfeited their right to any 'preference' when they decided to bypass the law and enter this country without authorization to do so! I would be embarassed as an attorney to advocate on behalf of those who have so little regard for this country or our laws.

Cannot you find enough business representing those who want to come to this country legally and have not already violated numerous US laws?

Here is this ladies e-mail: mkornfeld@mhkimmigration.com

Tell her what you think about the "dearth of visas".

Almost all undocumented workers wish to become legal and permanent members of our society but are unable to do so because of the dearth of visas. They do not gain any unfair advantages living in the shadows, but rather are some of the most disadvantaged, vulnerable and exploited members of our community. It is time that we grant these hard-working and critically needed workers the status they covet and deserve.

Illegal aliens WILL NEVER be "permanent members of our society"! There are many hard working Americans who have been laid off because of cheap foreign labor. I DONT CARE HOW HARD WORKING ILLEGAL ALIENS ARE, THEY NEED TO GO HOME AND APPLY THE LEGAL WAY.

Illegal aliens WILL NEVER be "permanent members of our society"!

They will never appreciate what it means to be a citizen of this country when citizenship is granted for nothing and nothing is demanded in return.