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Immigration has quickly become one of the top immigration policy issues facing our nation. Yet, popular understandings about migration tend to need to be more informed, and this topic often creates deep division in society. However, concern about undocumented immigrants hampered broad policies and could potentially undo the immigration reform in some locations. So, that’s why we must understand common immigration issues and how attorneys can help.
Immigration Pathways & Their Challenges
Immigration laws have created multiple pathways. While these avenues may allow for permanent residence, the process is lengthy and challenging.
COVID-19 prompted many countries to reduce their immigration systems, which limited mobility and increased demand for skilled individuals worldwide. MPI suggests a visa that would offer greater flexibility to meet the needs of individual nations while providing clear pathways to citizenship.
At present, the United States only admits a limited number of cards each year to immigrants who meet specific criteria—such as individuals with “extraordinary ability” in the arts or sciences, multinational managers and executives, outstanding professors, or researchers.
Congress carefully regulates immigrant demographics by imposing per-country caps, often resulting in lengthy wait times before an individual reaches the front of the line. In severe cases, individuals may pass away before ever getting there.
Adjustment of Temporary Protected Status
Under the Immigration and Nationality Act (INA), people living in the US can change their status from nonimmigrant visa holders to lawful permanent residents by filing an adjustment of status application – also known as a green card application.
The process can be complex and requires specific qualifications for immigrants seeking entry to the U.S. To ensure eligibility for their green card, they must file a qualifying petition and be physically present in an applicable visa or waiver program.
When applying for adjustment of status in the US, applicants are considered to have “advanced intent” of immigrating here permanently. Their respective agency could deny their application if it believes they initially entered with a temporary visa or waiver and have no intention of staying permanently.
Family-Based Immigration
Family-based immigration represents approximately two-thirds of legal immigration into the US. Citizens and Lawful Permanent Residents (LPRs, or “green card” holders) may sponsor immediate relatives and family members for legal immigration into the country through this method. Visa availability varies by year, and there may also be specific restrictions that apply when sponsoring family-based immigration.
Family-based immigration requires two parties: an American or LPR sponsor and their beneficiary(s). For an application to be successful, both must undergo the evidence filing, review, and meeting criteria processes and meet visa eligibility requirements.
Understanding Removal Proceedings and Relief Options
When noncitizens violate specific immigration conditions, Homeland Security can formally attempt to remove them from the U.S. First, they must undergo “removal proceedings” with an immigration judge before any expulsion takes place.
Removal proceedings allow judges to decide if an individual should be removed from their native country, often taking longer than anticipated. Individuals facing removal can seek relief and withhold removal to remain in the country.
Such motions enable individuals to highlight errors in the government’s management of their case, present pertinent new information, or clarify beneficial elements of the law—potentially assisting individuals facing a 10-year bar on reentry into the U.S.
FAQ
Here are some questions that we have received from our readers:
Immigration solutions include streamlining visa processes, improving border security, offering pathways to citizenship, and addressing root causes in home countries. The best solution is to hire an immigration lawyer to navigate complex legal systems, ensure compliance, and advocate for the best possible outcome for immigrants.
The most common cause for immigration is the search for better economic opportunities. People often migrate to escape poverty, find better jobs, and improve their standard of living. Other significant factors include escaping conflict, seeking education, reuniting with family, and pursuing better living conditions.