Pathways: The road to lawful residency in the U.S.
Immigrants have several options to choose from
We’ve all heard it before: “The immigration system is broken.”
But what is it that makes it “broken”?
According to Mike Doyle, founder of the Immigration Advocacy & Support Center, the main issue is it’s too complex.
“Much like the tax code, the Immigration and Nationality Act (of 1965) started out formed well,” Doyle said. “It was fairly orderly.”
But over the years, legislators added pieces and ripped out chunks, all while applying for legal status became more and more expensive.
“Now it’s Frankenstein,” Doyle said.
The process is further convoluted by the fact that immigration officials regularly change the forms that need to be filled out. If a person misses a change and sends in an old form, that’s grounds for his or her application to be denied.
“Should it be complicated? Yes,” Doyle said. “Should it be this complicated? No.”
Both Republicans and Democrats call for immigration policy reform in their platforms. Republicans want a border wall and stricter limits on refugees and those seeking asylum. Democrats support creating a path to citizenship for “law-abiding families who are here.”
President Donald Trump made it clear early in his campaign that the issue was of critical importance to him. He adamantly supported the construction of a 1,900-mile wall — the funding for which has yet to come to fruition. And he crafted an executive order that temporarily bans entry to the United States for most people from six Muslim-majority countries. It also temporarily closes the door to refugees without a proven “bona fide relationship” in the country.
The two pieces of the order were allowed to go into effect after the Supreme Court announced last month it would review the case in October.
An intricate flowchart maintained by Immigration Road, an online database of information and resources for immigrants, shows just how many paths a person can take to come to the United States legally. Don’t have a job opportunity? Maybe you can come through a family connection. Aren’t eligible for the green card lottery that’s meant to increase diversity? Perhaps you can qualify as an investor.
In 2015, the most recent year for which federal government data is available, 1,051,031 people became lawful permanent residents, or obtained green cards. Another 730,259 became naturalized citizens, while 96,044 more arrived as refugees or were granted asylum. In this series, we take a look at some of the most common ways they got here.
Family-based
There are a few different ways a person can leverage a family connection to land in the United States, but not all relationships are eligible.
If you’re the spouse, unmarried child under age 21, parent or adopted orphan of a U.S. citizen, you immediately can apply for a visa. There’s no limit to how many the government will hand out, either.
If you’re a sibling or a child who doesn’t fit the descriptions above, you’ll be able to apply for a visa eventually, but you’re subject to a quota. For fiscal year 2017, federal data show, 111,800 visas were available for unmarried adult children, married adult children and siblings. More than 3.5 million people were in line for those visas, making for wait times from 7 to 23 years.
Spouses and children of lawful permanent residents also can apply for residency but face similar quotas. In the 2017 fiscal year, 114,160 visas were available for them. About 700,000 people were in line, with an expected wait of two to 11 years.
In all cases, the U.S. citizen or permanent resident must file a petition with U.S. Citizenship and Immigration Services, or USCIS, to start the process. That requires gathering a host of proof, which can include certified copies of birth records, medical records, bank statements and statements from people who can corroborate the relationship.
It costs $420 to file the petition, and thousands more to go through the steps to obtain residency.
Cousins, aunts, uncles, nieces and nephews of residents and citizens don’t qualify for family-based immigration.
Employment-based
Work-related visas vary widely in terms of how they’re accomplished and how long they take to obtain. Those who are exceptionally talented — whether their craft is science, sports or playing the piano — can qualify. So, too, can people who have advanced degrees in their field, people who can prove they’re skilled workers or professionals and people who work for religious organizations or the government.
There’s also a path to permanent residency for foreigners who can invest from $500,000 to $1 million to start or transform a business.
In most cases, a person’s prospective place of employment must file for his or her visa in a multi-step process that includes several forms, interviews and security checks. Visas are issued only if the employer can demonstrate that there isn’t a U.S. citizen who could take the job in question.
According to USCIS statistics, 144,047 people gained lawful permanent residency in 2015 after taking an employment-based path.
Diversity lottery
As its name suggests, this lottery exists to increase diversity in the United States.
Each year, 50,000 people from countries with historically low rates of immigration are selected to apply for visas. In 2017, natives of about 175 countries could enter the lottery, which is free.
Refugee and asylum
Refugees and asylum seekers meet the same definition: they can’t return home because of persecution or a well-founded fear of persecution “on account of race, religion,
nationality, membership in a particular social group of political opinion.”
The difference? Those who
gain refugee status aren’t yet in the United States. Those who seek asylum are.
In 2015, asylum was granted
to 26,124 people. Another 69,920 arrived as refugees.
Illegal immigration
Even those who are in the country illegally have a few paths to residency.
If you overstayed a visa, for example, you could marry a citizen or permanent resident and follow a family-based path. You also could apply for asylum, if you qualify, or join the military.