TWO THINGS MR. OBAMA CAN DO TO ACHIEVE SOME IMMIGRATION REFORM WITHOUT CONGRESS: NOT COUNTING FAMILY MEMBERS AND PAROLE IN PLACE

Thứ Tư, 23 Tháng Bảy 201400:00(Xem: 5051)
TWO THINGS MR. OBAMA CAN DO TO ACHIEVE SOME IMMIGRATION REFORM WITHOUT CONGRESS: NOT COUNTING FAMILY MEMBERS AND PAROLE IN PLACE
Many of the children fleeing violence in Central America and entering the US illegally are trying to unite with parents living in the United States. However, the present immigration system does not allow these families to unite through legal means. Mr. Obama can bring some balance to the immigration system through administrative measures that will promote family unification in a legal and orderly manner.

Not counting family members: This means that only one visa per family would be required instead of requiring a separate visa for each spouse and child. The number of available visas worldwide would be greatly increased. The waits in the Family based categories would be greatly reduced or even disappear.

It’s really a very simple way to find a solution. Count all members of a family together as one unit rather than as separate and distinct individuals. In other words, a family of six people would only require one visa instead of six. In that way, thousands of more visas are available each year and it will not be necessary for family members to wait for a long time to be admitted to the US. Not requiring a separate visa for each family member would immediately increase the number of visas available in all categories of immigrant visas.

Can Mr. Obama do this without consulting Congress? Yes. There is nothing in the law that requires each family member to have a separate visa. The US government could just require one visa number for the qualifying spouse or parent. The wait times for all categories would be dramatically reduced. The backlogs would disappear. Mr. Obama has the power to make this a reality. If this happened, Family based petitions could instantly become “current.”

Expansion of Parole in Place: Parole in Place is not the same as the Public Interest Parole (PIP) of many years ago. Parole in Place would allow illegal aliens with approved I-130 petitions to remain in the US until their petitions become current and it erases any time they have spent illegally in the US. This would allow them to obtain lawful permanent residence, rather than being stuck abroad because of the 3 and 10 year bars. After removing the obstacle of the bars, the grant of lawful permanent residence would be more rapid because there would be no backlogs in the Family based categories. Loved ones from abroad could unite with sponsors in the United States through an orderly and legal process.

Mr. Obama has already arranged for Parole in Place (PIP) to be granted to immediate relatives of US citizens who are in the military. This allows them to adjust in the US rather than travel abroad and risk the 3 and 10 year bars of inadmissibility. They can apply for their green cards in the US without needing to travel overseas and apply for waivers of the 3 and 10 year bars.

The concept of PIP can be extended to the preference categories. The grant of PIP to someone who arrived in the past without admission or parole, can retroactively give that person lawful status too, thus making him or her eligible to adjust status through the I-130 petition as a preference beneficiary.

One of the main reasons for the increase of the undocumented aliens in the US has been the 3 year and 10 year bars. Even though people are beneficiaries of immigrant visa petitions, they do not wish to risk travelling abroad and facing the bars. Extending PIP to people who are in the pipeline for a green card would allow them adjust status in the US or process immigrant visas at consular posts, and become lawful permanent residents. This way would reduce the undocumented population in the US without creating new categories of relief.

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Q.1. What are the feelings of the Vietnamese community about illegal aliens?
A.1. From what we hear, the feelings are mixed. For Vietnamese who are waiting for family members to join them from Vietnam, they hope that Mr. Obama will find any way possible to speed up their processing

 Some Vietnamese feel sympathy for divided families but with some reservation. The fact is that these Hispanic families chose to divide themselves by immigrating illegally to the US.

 And some in the Vietnamese community feel very little sympathy for illegal aliens because 99% of the Vietnamese in the US entered the US legally, after waiting for years to qualify for an immigrant visa.

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Q.2. What is the difference between “Illegal Immigrant” and “Undocumented immigrant” ?
A.2. They are the same, but these days, if you want to be politically correct, you say “Undocumented” rather than “Illegal”.

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Q.3. Mr. Obama has promised, again, to take action on immigration reform. When will this happen?
A.3. The White House says we can expect some developments in September.


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