Thread: Backlog holds up legal path to U.S.

By Franco Ordonez

McClatchy Newspapers

(MCT)

CHARLOTTE, N.C. - Members of the Morales family have been waiting almost two decades for green cards.

Family patriarch Miguel Morales Alcala gained legal permanent residence through a 1986 amnesty. He has since tried to get residency for his wife and six of his children.

But the wait became such an ordeal that he ended up paying a coyote $7,000 to smuggle his family into the U.S. from Mexico.

"It's such a long time," Morales, 66, said from his Charlotte home. "They told me I could bring my children, but we're still waiting and wondering when we can get the papers."

Often lost in the debate over illegal immigration is the massive list of applicants waiting to legally move to the United States.

The wait for a visa can take years, even decades, as several million people worldwide petition for limited spots.

Many immigration lawyers and advocates argue that immigration limits are too restrictive and it should be made easier for people to come here legally.

At the same time, advocates for more restrictive immigration rules acknowledge the process is cumbersome, but say limits benefit the country.

"There are way too many people than we can absorb," said Ron Woodard, director of NC Listen, an immigration reform group. "Would-be immigrants need to understand that just because you're a nice person willing to work hard doesn't mean you can come to America."

Nearly 2 million foreign nationals petitioned for a family- or employment-based visa to move to the United States last year. Yet 167,569 were granted, some of whom waited years.

Striving for a global blend of immigration, the U.S. limits the annual number of immigrant visas by country. The Immigration and Nationality Act sets a per-country cap of 7 percent, or 25,620, of available family- and work-based visas.

Immigrants from Western Europe and Japan, where demand is less, can sometimes get green cards within months, even weeks, immigration lawyers say.

But demand for visas is so great from countries such as Mexico, China and the Philippines that waits can last 15 years, said Chris Bentley, spokesman for U.S. Citizenship and Immigration Services.

Applicants for legal entry have also had to deal with a backlog created by a lack of resources and extensive background checks following Sept. 11, 2001.

"The waiting times are so long that they end up coming illegally," said Victoria Gonzalez, a Charlotte immigration attorney. "No one wants to be an illegal immigrant, but there are no avenues for them to come in."

Morales gave up after three years. His wife kept telling him stories of his young sons getting into trouble. He decided his children needed their father.

Once the family was in Charlotte, Morales took them to federal immigration offices in 1991. Agents, he said, told him that many other Mexican immigrants had petitioned for their family members and that there was only a limited number of slots each year. He would have to wait.

He thought it would be several months. That was 15 years ago.

Marrying a U.S. citizen is often considered the fastest route to getting a green card. But even then delays can occur.

Those who choose to marry outside of the country may find themselves dealing with a waiting list at local U.S. embassies.

Luis Silva, 38, an American citizen, and his wife, Angela, from the Dominican Republic, had to celebrate their second anniversary over the telephone.

The couple married in May 2004 at a Santo Domingo courthouse. But Silva has yet to bring his bride back to the United States because Angela, 28, has not been given the proper traveling visa - despite having an approved application.

U.S. Embassy officials in Santo Domingo reported that her visa petition has been approved, but a heavy caseload created a backlog.

More than 26,544 cases are waiting to be heard. As of June 30, Angela was No. 3,648 on the list.

For their anniversary, Silva sent his wife a bouquet that included wildflowers surrounding two roses, representing their time together - and apart.

"It's aggravating," he said. "We just want to be together."

Some academics argue that the growth of legal and illegal immigration are linked. As legal immigration levels have risen markedly since 1965, illegal immigration has increased with it.

In a report for the Center for Immigration Studies, a Washington think tank that supports tighter immigration controls, James Edwards Jr., an adjunct fellow with the Hudson Institute, argues that legal immigration must be curbed to reduce illegal entry into the country.

He says legal immigration has started a "chain migration" where family and friends of legal immigrants move to the country, as shown by the Morales family.

Morales' daughter, Gabina, often carries a piece of paper she says her father received from immigration officials in 1986 stating he can apply for his wife and children to receive permanent residency if they are not here legally.

Still, Gabina, 42, says she lives in fear that one day police will stop her and send her back to Mexico. She worries how that would affect her three children who were all born in the United States and speak limited Spanish.

She says she has never seen the beach because she's afraid to travel long distances.

"I'm afraid to go to the supermarket," she said. "We take all precautions."

http://www.thestate.com/mld/thestate/ne ... 052186.htm

Ali... yeah you are right.. these things are backed up beyond our comprehension. The thing is here that makes this whole thing harder is the fact that a lot of the immigration legal eagles and officials want a shitload of cash to even take a glance at your case. money these people just havent got. As in our case. If I had the cash I would not be in the situation I am now and this would be done and finished. Being Australian doesnt get me a free ride and I have to jump through the same hoops as anyone else. Lucky ffor ua we have found some great attorneys who are now with us on pro bono. It seems the government has trouble finding compassion because so many people have screwed the system. personally i cant blame them. Just so many good people getting lost in the system. In our paritcular case i am now finding out that a lot of the immigration decisions that are made for or against people are done so with the stroke of a pen from someone who has no idea on all the facts of each case. How then can the merit of someone be determined with a glance at a document. So we wait. I have noticed in these forums there are a lot of people who are left or right wingers and make it painfully obvious and judge someone harshly on a belief or lack of knowledge. We personally have people on both sides of the fence supporting our particular cause and both have stated that they will leave no stone unturned in our endeavour to be re-united. This to me says that left or right wing combatants, doesnt mean shit .. it tells me that each person should be looked at for their actions, not just their beliefs. After some hard and fast study on immigration law and talking to an astounding number of Americans. i am now finding ou that so many are clever educated people, but due to the system and how government plays its hand, thse people have no idea what their rights are anymore. This is prety harsh when you think about it. sad that we stand united but our government forces a split. Brian

Originally Posted by robins_aussie

The thing is here that makes this whole thing harder is the fact that a lot of the immigration legal eagles and officials want a shitload of cash to even take a glance at your case. money these people just havent got. As in our case. If I had the cash I would not be in the situation Brian

Brian:

For your particular case, I have great sympathy.

But when it comes to the illegals from south of our border, I have much less for the simple fact that they CHOOSE to spend their money on "coyotes" to either get in here or bring their family in here.

If they can come up with the money to do that, I believe they should be directing that money to good attorneys to get them in legally.

I'm not aware of how much time you spent in America, but . . .

if you look around hispanic neighborhoods in large cities, many drive big expensive cars; walk around with gold dripping from their ears, hands, and neck; and wear the newest fashion in clothing.

If people can come up with the money for a Cadillac Escalate SUV, then perhaps they should rethink that and apply the money to good attorney.

"There are way too many people than we can absorb," said Ron Woodard, director of NC Listen, an immigration reform group. "Would-be immigrants need to understand that just because you're a nice person willing to work hard doesn't mean you can come to America."

Think of it this way - not everyone can live in the same room of a house - after a while there will be no room to move. It's just not feasible.

good points. I actually avoided the big cities as I live in Adelaide Sout Australia and this place aint big lol. Its a capitol city but its still small in comparison with what you guys have there. I was in the end apparently illegal in the states for 4 years and 9 months. So the stroke of the pen says. An immediate 10 year ban. Hence we now have attorneys helping us. Once again .. mybad.. but We are still working with law enforcement agencies and being honest. I think if all else fails our honesty will get us through. Also for the fact that I love my wife unconditionally and she is worth every ounce of pain that i can endure. Bloody women lol

Aussie:

Women are worth every single thing that men have to go through!!

Take my word for it - I'm a woman, and I know these thing. :P

Being allowed to legally immigrate into the United States is a priviledge, not a right! Isn't it about time those wishing to come here understood that?

A right. Well to a certain degree I would say yes... you are right. I am not moving to America for being in America.. I am moving there because the woman that I love and adore is there and she cant leave as she has children. I wont agree that its a privelidge for me to be there as I earn my place in society as I do in Australia, I pay taxes, I work hard and I provide for my family and friends. If I work for it then i have earned it.I dont take things for granted and i dont wait for anyone to give me handouts. Unfortunately a good amount of the US population are one step above poverty as has been mentioned in oh so many threads. So no .... my moving to the US to earn my keep and provide for the ones i love isnt a privelidge. Its earned. Big difference. But hey .. thats just my opinion... obviously others will vary. Brian

A right. Well to a certain degree I would say yes... you are right. I am not moving to America for being in America.. I am moving there because the woman that I love and adore is there and she cant leave as she has children. I wont agree that its a privelidge for me to be there as I earn my place in society as I do in Australia, I pay taxes, I work hard and I provide for my family and friends. If I work for it then i have earned it.I dont take things for granted and i dont wait for anyone to give me handouts. Unfortunately a good amount of the US population are one step above poverty as has been mentioned in oh so many threads. So no .... my moving to the US to earn my keep and provide for the ones i love isnt a privelidge. Its earned. Big difference. But hey .. thats just my opinion... obviously others will vary. Brian

I'm sorry, but I have to strongly disagree. My entry into your country would also be a priviledge, not a right.

Also, not that this has anything to do with the argument, but children in the United States are allowed to fly the friendly skies! Actually, depending on their age, it is possible they could receive a reduced price for an airplane ticket.

Look, I have no proble with you legally immigrating to the United States, but I do have a problem with people that assume it is their God given right. In my book, those people are typically called open border advocates.

lol ..well mate ..your right to dissagree .. and its not a debate ... i have my beliefs and you have yours .. its all good ... I just have the old school mentallity of if I have worked for it ,.... then I have earned it. currently i am working hard to be with my family. once back ... then I'll be working hard to stay with them and pay my way ... just a difference in thought process is all ...See i dont think that its a privelidge for anyone to come to Australia... If they come here through legal channels, and they work hard for their required goals... then have at it .. and I'll stand next to you and work just as hard ...just dont take it for granted is all i ask...Brian