Q&A: Complex issues
Nothing is simple in the complex world of immigration law. For instance, green cards aren’t green and permanent residents don’t have permanent status.
The identification cards, which are known worldwide, once were printed with green ink.
They’re cream-colored now and look like driver’s licenses.
They are prized possessions—issued to immigrants who have become permanent legal residents of the United States.
But they’re not permanent, despite their name. The cards have to be renewed every 10 years.
Confused?
It’s just the tip of the iceberg.
Rená Cutlip is a staff attorney for the Tahirih Justice Center in Falls Church and has dealt with immigration issues for 10 years.
“There’s not a day that goes by that I’m not stumped by a question,” she said. “So, that tells you how complicated immigration law is.”
Listed below are some of her simplified answers to common questions. Each phase of the law has layer upon layer of exceptions and restrictions not listed here.
Q: How do you get a green card?
A:The most common way is to be sponsored by a relative living in America. U.S. citizens can apply to bring spouses, children, parents or siblings.
Others who have earned their green cards also can sponsor spouses and unmarried children.
Employers can sponsor immigrants with special skills, but that’s even more complicated.
Q: How long does it take to get your green card?
A: Sometimes decades. There’s a backlog because so many people are trying to get to America.
There’s also a preference system. Spouses and unmarried children come first, married children and siblings are farther down the list.
Say you’re from Mexico, and you’re the lowest preference. For your application to go through in July 2006, you should have applied 15 years ago—in December 1991.
If you’re from the Philippines, the wait is even longer. You should have applied 23 years ago.
Q: How many immigrants does America allow legally into the country each year?
A: About half a million, according to the Office of Immigration Statistics.
Q: How many become legal permanent residents?
A: More than 1 million did in 2005. One-third were new arrivals; the rest were people living in America and waiting for their statuses to be changed.
Q: Can people who crossed the border illegally become legal?
A: Yes and no. There was a provision that said those who entered unlawfully, or came legally with a visa that later expired, could pay a $1,000 fine and be forgiven. Then, they could apply for permanent-resident status.
That provision isn’t valid to anyone who came after 2001.
Other provisions say those applying should return to their home country and wait. That’s complicated, too.
Penalties imposed in 1996 say illegal immigrants who go home are barred from returning to the United States for three years or 10 years, depending on how long they were here illegally.
That provision has kept a lot of immigrants from seeking legal status once they’re here, Cutlip said.
Q: What’s the difference between green cards and visas?
A: Green cards are issued to immigrants who become permanent residents. These residents can travel wherever they like, but must spend at least six months of the year in the United States.
Visas are temporary. They give the holders permission to come to America to work or study, to be a tourist or to get married.
There are several hundred different types of visas, each with different restrictions.
Q: How do officials know how long an immigrant has been in the country?
A: They may not, but Cutlip advises her clients to be honest. If the government finds out a person committed fraud, it can yank permanent residency or citizenship status.
Q: Why is the backlog of people waiting to come to America so great?
A: Congress imposes a limit each year and employs an immigration work force to handle that many applications.
The measures are the government’s way of controlling how many immigrants enter the country, Cutlip said.
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