Illegal vs Legal Immigration - What is it?
Illegal Immigration - How criminal is it really?
Immigration is an extensive controversy in the United States. Because the immigration system is so outdated, many people feel the need to enter the US illegally. Most commonly, these people choose to immigrate into the country through what is known as “illegal entry.” Illegal entry can be used to describe a person sneaking over the border or being smuggled in. By definition, smuggling is sneaking people over the border through any mode of transportation; these smugglers are known as coyotes. Those who choose to enter the US by crossing the border face consequences such as deportation as illegal entry is a misdemeanor.
Another way one can immigrate illegally is by overstaing the visa they have been granted. Visas authorize a traveler to reside in the US for a specific amount of time. Those who stay longer than they have been permitted can face significant consequences. The United States Visitor and Immigrant Status Indicator Technology tracks and gathers information on visa holders. They know if you overstay your visa because they will have a record that you have not left the country yet. If you overstay your visa for less than a year, but more than 180 days, you will face a three year ban from entering and visiting the US. Furthermore, by overstaying your visa for more than a year, you will face a ten year entry ban from the US.
Similarly, one can receive a Border Crossing Card, which simply allows you to cross the border. Each card has an expiration for how long you can stay within the country. About 148 million of 179 million total foreign visitors use these cards in order to enter the US. Because there are so many travelers, it is sometimes difficult to determine how many overstay the amount of time they have been allotted. This is partly why there are so many illegal immigrants in the US. For these reasons, it is quite difficult to calculate the exact number of undocumented immigrants present in the US because so many enter and stay unnoticed.
Even though the consequences are severe - why do people choose to immigrate illegally?
Many people who choose to enter the US illegally know the consequences and understand the risks they are taking - but they don’t care. Most of these immigrants are optimistic about their life in the US, and they believe a risky life in the US is better than a life back in their home country. People often believe that the opportunities in the US are superior to those of their country of origin, even under the limitations of their prospective immigration status. These people are willing to make sacrifices and live in shadows for a chance to have a better life for themselves, their family, and their children.
Some children were brought here at a young age and can only remember the US as their home. These familial ties and connection to family in the US are stronger than that of their home country. Similarly, many individuals have a stronger tie to the US regarding the job(s) they have than back in their country of origin. Stronger attachments like these are what keeps individuals in the US, as they are more familiar and comfortable with their life in the US. In the same way, many have a history of friends/relatives who illegally migrated. In some cases, it is a right of passage for men to cross the border and start a life in the US.
In a different way, there are people out there who believe that disobeying the immgration laws can be justified. They argue that people crossing the border can be identified as moral, law abiding citizens, who respect political borders even though they are illegally crossing. It’s this belief of superiority that is the reason for many. In the same way, some people straight up think they are better than the system or are not scared of it - many of these individuals underestimate its power. Similarly, many immigrants don’t trust that the US immigration system operates fairly or legitimately, so they choose not to deal with it. People want to avoid the stereotypes and the presumptions of the immigration system.
What does it take to legally immigrate into the US?
The first step, in most cases, is to apply for a visa (unless you are a citizen of any of the 39 countries in the Visa Waiver Program), which provides you with a temporary stay in the US. Immigrant visas are one type of visa offered that are either family-based or employment-based. Those who have a family member that is a US Citizen or Permanent resident are eligible to apply for a family-based immigrant visa. Employment visas ordinarily require a job offer from a US employer.
There are a few types of legal residency in the US besides standard visas. For example, you could be a green card holder, also known as a permanent resident card, which grants you permanent resident status. This status is also known as a lawful permanent resident. If you are of this status it means you have been granted authorization to live and work in the US permanently. For those who are already within the US, you will apply for a green card through an adjustment of status rather than an immigrant visa. You would do this so you don’t have to return to your home country during processing, which can be an extremely long. To become a permanent resident you must be sponsored by a family member or an employer, obtain asylee status, work with a humanitarian program, or simply file for yourself.
On the other hand, there are conditional residents who don’t yet have green cards. This status is commonly for those who have been married for less than two years before receiving their green card. They will face termination of their card and deportation if they don’t submit a petition to get this condition removed within two years of receiving their green card. In order to submit the petition they will have to provide supporting evidence of why they should stay and pay fees. They must submit this petition 90 days before their conditional status expires, otherwise it won’t be processed.
To become a US citizen you can apply to become naturalized after five years as a permanent resident. If you received your green card based on marriage to a US citizen, then you can apply to become a US citizen after three years. As a US Citizen you cannot be deported, and you have the ability to petition for legal status of your spouse, child, parents, or sibling (s). If you are born in the US, you are automatically a US Citizen.
In most cases, after applying for your visa you will need a sponsor and apply for an immigrant visa through the US Consulate - then attend a medical exam and an interview. After all of that has been processed, you will receive the decision. By law, the United States Citizenship and Immigration Services (USCIS) has 120 to make a decision on your status.
In other cases, you can apply for refugee or asylee status to immigrate. Refugees are fleeing their home country for a variety of reasons in order to find protection elsewhere. Some of these reasons can include persecution, fear of persecution, war, etc. In order to get this status in the US, you must contact an international non-profit volunteer agency, and if that isn’t available, the US Embassy or US Consulate. Asylum is another form of status available to refugees that grants permanent resident status, but you must meet specific criteria. One of the benefits of asylee status is that you are granted permission to bring your spouse and/or children in the US with you.
More recently, an organization called “People Without Borders” organized migrant caravans to travel from Honduras to the US. These caravans consisted of one thousand people requesting asylum. In 2019, former President Trump deemed this mass of people a security threat and sent the National Guard to the border
to deal with this first caravan.
After the first attempt failed, “People Without Borders” sent a second round of caravans, but former Vice-President Pence told Honduras to persuade these citizens to stay in their home country . Migrant caravans are becoming more popular as the US immigration system remains unchanged .
This begs the question - why do so many people feel the need to immigrate illegally?
There are so, so many flaws with the US Immigration system, all of which are reasons why the system needs to be updated. The current system just isn’t capable of handling the amount of people trying to immigrate in. The backlog is so bad, some people have to wait in line for decades. In addition, once you turn 21 you get kicked out of your place in line back to the end. The system is often said to limit immigrants with “extraordinary ability.”
Part of the reason many choose to come here illegally is because you can’t apply for permanent residency on your own. Some people don’t have the time or resources to go through the necessary steps. Spouses of temporary workers are also banned from working while they are here. These are only some of the many reasons why the system is so flawed. All in all, the reason there are so many illegal immigrants is because of the outdated system - which is why it needs to be updated. Otherwise, the US will be trapped in the same, endless cycle of arguments over immigration. Simply put, the US needs a change, and this change needs to happen now.
In the end, immigrating into the US is a complicated process that requires a copious amount of decisions and research. So many choose to immigrate into the country under “illegall” circumstances partly to avoid the complicated application that can result in rejection. The mass amount of illegal migrants and immigration backlog is the cause of the current border crisis. The US administration needs to step up, and do it now, to put an end to the crisis on it’s borders.