President Obama spoke today in Las Vegas about the need for comprehensive immigration reform.  His blueprint consists of four components:

  1. Continuing efforts to strengthen border security;
  2. ‘Cracking down’ (whatever that means) on employers who continue to hire undocumented workers;
  3. Earned U.S. citizenship for illegal immigrants, including payment of back taxes with penalties, going to the back of the line, learning English and passing background checks; and
  4. ‘Streamling’ legal immigration for families, workers and employers.

Expect the president’s proposed pathway to citizenship for illegal immigrants (component no. 3) to meet the most resistance in a GOP-led House of Representatives.  Defining what constitutes an appropriate ‘crackdown’ on employers who hire undocumented workers and the ‘streamlining’ of legal immigration will further bog down the effort.  The White House Fact Sheet, in fact, released in tandem with the president’s speech, proposes expanding qualifying family relationships to include a permanent same-sex partner.  Rightly or wrongly, get ready for fireworks on that.

Despite the vicissitudes inherent in this contentious political debate, Obama’s push, taken in conjunction with the recent establishment of bipartisan working groups on immigration reform in both Houses of Congress, bodes well for passage of a comprehensive immigration reform bill in 2013, likely late in the year.  Stay tuned to Golden Gate Immigration for further news and commentary on this seminal American debate.

The Wall Street Journal publishes an excerpt from a forthcoming book by former Florida Governor Jeb Bush and co-author Clint Bolick, a constitutional lawyer, entitled ‘Immigration Wars: Forging an American Solution.’  The article is titled ‘Solving the Immigration Puzzle.’  Immigration is not static, nor can it be ‘solved’ in a temporal sense.  It should have been titled ‘Designing a Better Maze.’  My reply in the WSJ readers forum:

~ Agree, nothing ground-breaking here, limited prescriptive value to this article. I disagree with Gov. Bush’s assertion that we need to “start from scratch.” Much of the non-immigrant visa system works at it is largely designed to, classifying and controlling channels of temporary foreign visitors to the U.S., then providing avenues for meritorious promotion vis-a-vis a system of advancement to permanent residence through targeted employment or investment. Family-based adjustment of status to residence based on qualifying immediate relative relationships – the old marriage certificate shortcut – in principle, can’t change much either fundamentally.

There is, however, merit to the idea that the family chain needn’t be so constant. For instance, those who may qualify for some form of future ‘amnesty,’ if originally EWI (entry without inspection) or a long-term visa overstay, should be denied if not citizenship, than at least the ability to become a pulling link in the chain, i.e., to sponsor another family member to immigrate.  And denied that right if not forever, then at least for a very long time, as the price one pays – and will continue to pay – for breaking the law as a first act in America.

Continue reading »

Immigration Reform Shunted Aside Again

Posted January 17, 2013

Well here we are off to a rancorous political start to 2013. Despite the inclusive promise of Barack Obama’s re-election to the White House, the terrible December shooting in Newtown, Connecticut has moved gun control legislation to the top of Washington, DC’s legislative agenda, to be followed closely by another debt-ceiling deadline with muddy budgetary tug-of-rope.  Sensible, comprehensive immigration reform has been shunted aside by these geniuses once again.

To be sure, as President Obama continually asserts and recent stirrings from GOP torchbearers foretell (see Rubio, Marco), immigration reform appears to remain priority number three, although that could change if  Al Qaeda in Africa creates unforeseen havoc.

Or perhaps Congress will decide it’s time to truly do something about the absurdity of college football’s BCS.

Stay tuned and remain patient, friends. Change is on the horizon.  ~ FRW

 

 

 

Tagged with:
 

Major changes are pending to the method in which waivers of inadmissibility based on extreme hardship to a U.S. citizen are processed (I-601 applications under INA §212(a)(9)(B)), announced January 6, 2012 by the Department of Homeland Security.  If you have been unlawfully present in the United States for a period greater than six months, and are thus subject to the three or ten-year bar to admission if you leave the country, and you have a spouse or child that is a U.S. citizen, this directly impacts you.

The new rule significantly changes the government’s method of processing and approving I-601 waiver applications, allowing the Department of Homeland Security in the United States to accept and issue provisional approval of I-601 waivers on grounds of unlawful presence while the applicant remains in the United States.  Upon provisional approval by DHS, the applicant could then apply for the immigrant visa at a U.S. consulate abroad without an eternal wait for the waiver.

To be sure, the ‘provisional’ qualifier likely adds an extra layer of review at the U.S. consulate to ensure all immigrant visa qualifications are met (including, importantly, the primary requirement that the U.S. citizen relative would suffer ‘extreme hardship’ due to separation), but the difference in waiting time would likely be weeks compared to years.  Current practice is for the applicant for an I-601 waiver of inadmissibility, if otherwise qualified for permanent residence through a qualifying immediate family relationship, to leave the United States for often two years or more to wait for processing of the waiver by USCIS, and then further review and delay at the U.S. consulate in their home country.

Continue reading »