Immigrants Not Applying For Citizenship

Why Immigrants Are Not Applying For Citizenship

People often wonder why some immigrants do not come to the United States legally. Or why they do not just apply for citizenship while living here illegally. They are failing to understand the real issue: there is no “path” available for currently undocumented immigrants. And, the “regular channels” often do not provide a “path” for soon-to-be immigrants who enter the United States via unauthorized channels.

No “Path” exists for most undocumented immigrants.

Immigration to the United States is typically limited to three different channels: Family Reunification, Employment, or Humanitarian Protection. Each of these channels is greatly regulated, and subject to annual limits and eligibility requirements. The result is many undocumented immigrants do not have the necessary family or employment relationships. And most are unable to access humanitarian protection, such as refugee or asylum status.

Therefore, no matter how long these undocumented immigrants have been in the United States, they have no way of achieving legal status.

Family-Based Immigration

Family-based visas are unavailable to any undocumented immigrant who does not have a qualified relative. Or who fails to meet family-based immigration eligibility requirements.

Employment-Based Immigration

Very few undocumented immigrants are eligible for employment-based visas. In addition, competition for these is tremendous. This means that for most undocumented immigrants, these visas are unavailable to them. Regardless of their skills or desire to work in the United States legally.

Humanitarian Protection

Most undocumented immigrants are ineligible for asylum because the law usually requires that someone file for asylum within one (1) year of entering the United States.

Even where a “Path” exist there are lengthy backlogs and waits.

In those cases where an undocumented immigrant does have a qualifying relative or employer that might provide a “path” to a visa, countless numbers of these immigrants are not able to benefit from the process for years. Some immigrants from some countries must wait decades.

Diversity Immigrant Visa Program

If an individual wishing to immigrate to the United States does not qualify for family, employment, or humanitarian reasons, they may have the Diversity Immigrant Visa Program lottery as a legal path to citizenship. To qualify, applicants must have a high school education and two years of job experience. Since millions of people around the world apply each year, the chances of obtaining a visa through the lottery are extremely low.

Conclusion

Undocumented immigrants who want to become citizens of the United States cannot just “follow a path”. Although there are some paths, many hopeful would-be permanent legal residents are not eligible to be on any of these paths. Even if the undocumented immigrant does meet the legal requirements to immigrate, the wait can be very long if the individual is applying from a country with a long backlog of applications.

Questions About Family-Based Immigration?

The pathways for undocumented immigrants are for the most part non-existent, or at best difficult and include long wait times. However, there are well-defined paths for bringing immediate family members to the United States as Legal Permanent Residents. These include a spouse, child, or parent. If you or a family member have any questions about Family-Based Immigration, speak with a qualified immigration lawyer. Request a free immigration consultation with immigration attorney Jessie M. Thomas today.

COVID-19 Vaccination Required for Immigration Medical Examination

COVID-19 Vaccination Required For VaccinationCOVID-19 vaccination required for immigration medical examination. Individuals submitting Form I-693, Report of Medical Examination and Vaccination Record, on or after October 1, 2021, must provide proof of vaccination against COVID-19. Most applications for adjustment of status to become a lawful permanent resident with U.S. Citizenship and Immigration Services (USCIS) or an immigration visa application with the Department of State (DOS) must submit Form I-693 completed by a designated civil surgeon. Certain other applicants may also be required to submit Form I-693.

If the applicant’s Form I-693 is completed before October 1, 2021, and remains valid, the applicant will not be required to have the vaccine.

Documents Proving The Applicant Received The COVID-19 Vaccine Must Be Inspected And Confirmed

The civil surgeon must physically inspect and confirm the documents proving the applicant received the COVID-19 vaccine. Review of vaccination documentation will require:

  • A vaccination record,
  • Copy of a medical chart with physician entries,
  • Review by appropriate medical personal.

Self-Reported Vaccine Doses Will Not Signify Proper Proof

Self-reported vaccine doses will not signify proper proof. Additionally, the applicant’s Form I-693 must be completed by the civil surgeon and must document the doses and the formulation of the vaccine.

Blanket exceptions to the vaccine requirements include:

  • Applicants who are too young to receive the vaccine,
  • Individuals who have a medical contraindication to the vaccine, or
  • Foreign nationals who live in an area where approved vaccines are “not routinely available”.

Individuals may also request a waiver of the vaccine requirement based on religious or moral convictions.

All passengers arriving in the United States by air are required to show a negative COVID-19 test obtained within three days of departure or documentation of recovery from COVID-19 in the past three months.

Questions About COVID-19 Vaccine Requirements for Immigrants?

For more information on COVID-19 vaccination required for immigration, please contact immigration attorney Jessie M. Thomas.

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How A Bill Becomes Law

It may be exciting to hear about Congress introducing immigration bills, particularly if it may benefit you, your
family members, or friends, however, it’s important to have realistic expectations about the legislative process. Most immigration bills introduced in Congress never become laws. Moreover, Congress has not passed major immigration reform legislation in decades. Below we will explain the multi-step process that a bill must go through before it becomes an enacted law.

Multi-Step Process For Bill To Become Law | Law Office of Jessie M. Thomas
Multi-Step Process For Bill To Become Law

What Is A Bill?

A “bill” is proposed legislation that has not yet become a law.

The Bill Is Introduced

Once a bill is drafted, it is introduced by its sponsor, a member of either the House of Representatives or the U.S.
Senate, and given the corresponding legislative number of either ‘H.R.’ or ‘S’. Once introduced, bills can be
found at https://www.congress.gov.

The Bill Goes To Committee

Representatives or Senators meet in a small group to research, debate, and propose changes to the bill. They vote
to accept or reject the bill and its changes before sending it to the House or Senate floor for debate, or to a subcommittee for further research. Each piece of legislation is referred to the committee that oversees the specific area affected by the bill. For immigration issues, that usually is homeland security, judiciary, or appropriations committee.

A public hearing is often conducted in which members hear testimony from witnesses who are subject matter
experts. The bill is typically then considered in a “mark-up” session where members of the committee review the
bill in great detail. Amendments to the bill may be offered, and committee members will vote to accept or reject
the changes.

At the end of the markup, a vote is taken to determine whether the bill will be reported out of the
committee or whether no further action will be taken. If a bill is reported out of the committee, a report
is written which describes the purpose and scope of the measure as well as the committee’s reasons for
recommending approval.

Congress Votes On The Bill

Once a final version has been agreed upon, the full House of Representatives or Senate will vote on the
bill’s final passage. Typically, bills must pass with a 2/3 majority vote, but in some instances a majority
vote is sufficient. If one chamber passes the bill, it moves to the other chamber (either the House
of Representatives or the Senate) to go through a similar process of committee review, debate and
amendment. When a bill has been approved by the House and Senate with different provisions, it must
go to a conference committee consisting of a select group of both House and Senate members who are
responsible for resolving the differences and reporting the bill back to both chambers for a vote.

The Bill Goes To The President

Once the bill passes both the House of Representatives and the Senate, it goes to the President for
approval or veto. The President has 10 days (excluding Sundays) to sign a bill into law.

  • If the President approves the bill, they sign it, at which point it becomes law.
  • If the President does not agree with the bill:
    • The President vetoes the bill, returns it to Congress with an explanation of the reasons for rejection. If two-thirds of both chambers of Congress then vote for the bill to be passed anyway, they can override the veto and the bill will become law.
    • The President can also choose to take no action. If Congress goes out of session within the 10-day period following the bill’s formal delivery to the President, the bill will not become law. This is known as a pocket veto.

Questions About Family-Based Immigration Or An Immigration Bill?

If you or a family member have any questions about Family-Based Immigration or the effect an Immigration Bill may have on you or a family member, speak with a qualified immigration lawyer. Request a free immigration consultation with immigration attorney Jessie M. Thomas today.

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