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Immigration Reform - 11/8/2012 5:14:16 PM

cloudboy

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As an immigration lawyer I would like to see the following reforms to our immigration laws:

(1) Rewrite employment immigration laws to give talented, highly skilled aliens a more reasonable path to get a green card. I would like to see a new category green card known as a National Interest Green Card -- going to Aliens who can credibly contribute to improving our healthcare, transportation, engineering, arts & culture, and business sectors. Aliens in this category could self-petition for a green card based own their on achievements, merit, education, and future benefit to the USA.

A current category already exists similar to this, but the bar to get the green card is set too high.

(2) Spouses of US citizens who cannot get a green card b/c of immigration law violations (overstaying a visa, visa fraud, unlawful entry, etc.) could apply for a family-hardship-based green card (the family would suffer hardship if the spouse was deported or excluded from the USA) that would be good for a provisional period of five years. If the green card holder after five years remained in the US and exhibited a good moral character, he/she could get a permanent green card.

**Too many families are being torn apart for immigration violations -- and US citizens don't need the federal government separating families for minor immigration law offenses. Right now a US citizen spouse has to demonstrate "extreme hardship" to keep his or her family together. Why torture US citizens in this way?

(3) Void all unlawful presence penalties for aliens who have lived in the USA illegally for longer than six months or a year if those aliens return to their home countries. Too many aliens won't leave the USA because if they do leave, they will be barred from returning for either 3 or 10 years.

(4) Pass the Dream Act that was filibustered by the Republicans. (It passed the house and senate.)

(5) Issue work permits to Aliens of extraordinary character as demonstrated by their work history and contribution to their families and communities.

Immigration reform would help boost economic demand in the USA for housing, goods, and services, and it would add workers to help contribute to medicaid and social security. It would also add vitality and innovation to the US economy -- helping make us more competitive in the global marketplace.

< Message edited by cloudboy -- 11/8/2012 5:18:12 PM >

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RE: Immigration Reform - 11/8/2012 5:23:48 PM

tazzygirl

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1) The nurses from Canada were making far less than I was when we worked together in Labor and Delivery. I have no issue with them coming here to work. Those girls are smart and work hard.... however, I do believe that they should make the prevailing wage and not have to take a cut simply because they utilize an agency who feels they can make a killing off these people.

2) Im really torn on this one. While I do see your point, at what point do we accept that they did break a law while others have gone the legal route and still wait? Is all it takes is to find someone willing to marry and impregnate them? Or willing to marry them when they are already pregnant?

3) I would prefer to see those who have been here for years with no criminal record being set before those who have been here a short period of time.

4) agreed

5) How good is their character if they have been here long enough to establish ties in their community without being legal?

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RE: Immigration Reform - 11/8/2012 7:31:58 PM

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#1 Instead of a "green card" for those coming to the United States for work, a guest worker program with serious "teeth" and negotiations between the governments to insure its provisions. Require the employers cover the health care and other costs, and detract the social insurance costs and pension costs and sending the applicable to the appropriate authorities in the appropriate countries.

#4 The United States is acting very unwisely not to pass some version of the DREAM act. You have spent the monies and done the efforts to make these young people into United States citizens, and deporting them is a mistake in several ways. Do you want a cadre of experts on the United States, resentful, living as outcasts in their supposed mother land. The MS-13 gangs are examples where this can lead. If I ran a drug cartel, these are the first I would look to gather for my trafficking in the United States, under the current system.

#5 See number 1

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RE: Immigration Reform - 11/8/2012 8:32:50 PM

cloudboy

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quote:

#1 Instead of a "green card" for those coming to the United States for work, a guest worker program with serious "teeth" and negotiations between the governments to insure its provisions. Require the employers cover the health care and other costs, and detract the social insurance costs and pension costs and sending the applicable to the appropriate authorities in the appropriate countries.

Guest worker initiatives are more suited to unskilled workers. In general our employment based immigration is about cherry picking talent from around the world, and it's in our national interest to stick more cherries in the basket. Also, allowing talented aliens to self petition without the burden of labor certification will attract more top tier talent to the USA.

The Dream Act just makes sense.

The overall goal is to strengthen families, to help put the US work force on an elite level, and to give hard laborers with good character some status in the system.

quote:

2) Im really torn on this one. While I do see your point, at what point do we accept that they did break a law while others have gone the legal route and still wait? Is all it takes is to find someone willing to marry and impregnate them? Or willing to marry them when they are already pregnant?

Aliens are not breaking criminal laws when they commit immigration violations (overstaying a visa, crossing the border) that are regulatory offenses. In general the needs, desires, and wants of a US citizen spouse should trump such offenses provided the alien spouse has no criminal history. The US government is here to serve US citizens. Deporting the spouses of US citizens is an affront to family values and an example of overreaching government power. (As I see it.)

Two of my clients are now raising children as single parents because their spouses were deported. One client had to file for bankruptcy when she lost the second income of her husband.

< Message edited by cloudboy -- 11/8/2012 8:35:56 PM >

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RE: Immigration Reform - 11/8/2012 8:44:28 PM

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Most your countries apparent problems with "illegal immigration" is actually with "illegal guest workers" if I read the Anglo news correctly.

In summary, these people are going to the United States with their intent to work for the support of their families at home. To the extent certain portions of your agricultural sectors and some food processors, especial in meats and poultry are totally dependent of this offshore workforce. Make it above the table.

As for special skilled visas I see that as only a domestic political matter, your corporations and the legal departments will certainly stretch any law you make past recognition, if there is profit to be made.

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RE: Immigration Reform - 11/8/2012 9:21:18 PM

DesideriScuri

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FR,

My position can be summed up quite succinctly (how many actually believe that?).

1. Close the backdoor.
2. Clear the yard.
3. Make the front doors wider.

At some point there has to be a penalty for breaking the law. Even if it's simply for them to go back to their home countries and get in line. My only complaints with immigration in the US, is that illegals aren't being treated as illegals, and legal entry takes too long and can be very difficult (fixing this would probably help reduce the illegals, too). Seriously, now. Why would we not want other people to come to our country to contribute and make a better life for themselves? And, the resounding answer, for the most part, is "we don't." We actually want people to want to come here. We want people to come here. We want to be the Land of Opportunity. We want, and should want, an orderly manner in which we allow immigrants in.

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