With so many undocumented immigrants in the United States as well as the problem of people trying to get in without the necessary documentation, it is not surprising that there are those citizens who wonder why these individuals don’t just apply in the correct way? Why would they risk deportation, rather than just waiting their turn and going through the necessary channels to secure legal permanent residency?
The reality is that for some people the legal channels do not exist. After all, there are really only three options for legal permanent residency in America: through family, through employment, or through asylum. Regardless of the specific method for gaining permanent residency, there are strict criteria to meet. This means that some people would never be granted permanent residency because they do not have any family members who are United States citizens, they do not have the necessary skills to gain employment in the U.S., or they do not qualify as an asylum seeker.
Are You Eligible to Apply for a Green Card?
Due to the limitations that apply to those wishing to get a Green Card, millions of people are denied legal access to the U.S. To be eligible for a family-based visa, you need to be a spouse, parent, child, or sibling of a United States citizen. Although there are always visas for spouses, parents, and children under the age of twenty-one, when it comes to visas for parents, adult children, and siblings, there are limits every year.
There are eligibility criteria that those wishing to enter the U.S. must meet, and the person petitioning for a family member must have the means and commit to supporting the individual wishing to gain permanent residency.
In terms of employment-based immigration, visas may be issued on a temporary or permanent basis. The individual seeking to enter the U.S. on this type of visa will typically need to be sponsored by an employer. Employers usually need to be able to demonstrate that they are unable to find a U.S. citizen with the necessary skills to do the job before a visa is granted. Temporary work visas may also be granted for foreign workers in sectors that may be unattractive to U.S. citizens, such as agriculture.
Although it is possible to be granted a visa as an asylum seeker, it is exceedingly difficult. It is necessary to prove that there is a fear of persecution in the individual’s home country based on national origin, race, political opinion, religion, or membership of a social group. Anyone who is claiming asylum in the U.S. must do so within a year of entering and will then be screened by a variety of agencies, both international and domestic.
A Lengthy Process
According to the immigration attorneys at Graham Adair, even those who are eligible to apply for permanent residency in the United States face extensive delays. In some instances, it can be years before a visa is granted. Furthermore, with a large number of people applying every year, some eligible people will get pushed further and further back in the queue, especially as there is a limit on the number of permanent visas that are issued to people from a single country.
Oftentimes, delays can occur because of incorrect applications or insufficient documentation. It may therefore be worthwhile seeking professional advice from an experienced lawyer with knowledge of the immigration laws and processes. For some immigrants, the wait time is just too long, and they will take matters into their own hands, preferring to enter and work illegally and risking the consequences should they be discovered.
