Immigration
by – Glen P. Hubahib, Esq.
More Americans name immigration (28%) as the most important problem facing the United States. Followed by government, economy, and inflation per February 2024 Gallup survey. The highest in years since tracking the issue in 1981. Other previous highs were in 2014, 2018, and 2019.
It will take a center stage in this year’s November US presidential election as illegal immigration is perceived to take jobs and opportunity of most Americans. Ergo, it will cut through the kitchen table economics as more Americans are experiencing the high cost of living.
Hence, the Biden administration is restricting asylum at the border. Not to be outdone, Trump said he is in favor of giving green cards to all foreign graduates of U.S. Universities.
US-Mexico border where the influx of immigrant crossing
Clearly missing is the “ayuda” system of Philippine politics. As the U.S. elections draw closer, we will devote one episode discussing the popular voting and the electoral college.
Because of the dearth of opportunities in our province and the country in general, the Boholanos explored and moved from place to place. We are like the nomadic tribes in antiquities searching for pasture, water, avoiding winter and the dessert summer. They economically emancipate through farming, grazing, domestication of animals and trading. Karl Marx in Economic and Philosophic Manuscript for 1844 stated: “In the Middle Ages, a social class is emancipated as soon as it is allowed to carry the sword. Amongst the nomadic people[s] it is the horse which makes [me] them a freeman and a participant in the life of the community.”
Thus, getting the working visa, residency, greencard, residency and citizenship of the Group of Seven wealthy countries is like emancipation and elevate ones standing at home. In the same vein, the Forbes magazine 2023 report on the “The Largest American Companies and their Immigrant Roots” revealed that nearly 45% of the Fortune 500 companies are founded by immigrants or their children. Generating $8.1 trillion 2022 revenue and surpassing the GDP of several developed nation and, of course, the Philippines. It also employed 14.8 million in that year. In the US, new Americans and their children played a pivotal role in shaping the economic landscape. Hence, immigration is an economic driver, and the United States Citizenship and Immigration Services is playing catch up on pending petition because more people are coming in because of the economic reward.
Now, we will continue as promised, discussing the general overview on the adjustment of status procedure of obtaining greencard. This only applies if the applicant is in the United States and has a legal immigration status, such as work visa, unexpired tourist visa, etc.
As soon as the beneficiary and/or the petitioner receives approval of the immigrant petition and the visa is current, the beneficiary can now apply for a greencard and/or legal permanent residency. The required supporting documents vary depending on the status of the applicant-beneficiary, e.g. spouse, children, fiancées, refugees and special immigrant visa.
* Biodata documents:
The most common primary documents required depending on the class of petition are passport size picture, government issued identification, passport, birth certificate, marriage certificate, death certificate, adoption decree, divorce/annulment decree. Secondary documents are also accepted such as church, school, and employment records as well as joint affidavit of two disinterested persons who have personal knowledge of the birth, death, and marriage of the prospective applicant.
* Proving legal status:
Applicants for greencard must prove that they are inspected, admitted, or paroled into the Unites States at the border control such as airport, seaport, and land border. That evidence is the admission stamp in the passport and the electronic copy of the arrival-departure record (I-94). Those who are paroled into the US are aliens without a visa and legally admitted for humanitarian consideration, such as refugee, etc. If the applicant crossed the border in the remote desert of Arizona and California and the Rio Grande River in Texas, then that applicant is not eligible to apply for greencard in the US.
* Evidence of Financial Support:
The applicant must show that he/she will not rely on government aid and find employment for support. Family members can be a joint sponsor and provide financial support in the meantime before the prospective immigrant finds gainful employment.
* Good moral character:
The applicant must submit to a fingerprint scan to check criminal history. If one has an arrest (except traffic) and conviction in the US and foreign country, the applicant must submit copy of the record. If one has a drug arrest or conviction and spends time in jail for six months or more, you must seek legal advice before proceeding.
* Medical Examination and Vaccine Record:
This requirement is to make sure that the applicant is free from medical conditions that are communicable disease of public significance, lacking vaccinations, physical and mental disorder with associated harmful behavior and drug abuse or addiction. Emphasis on drugs.
All the above requirements are to make sure that the immigrant will contribute economically and peacefully to the American society. So, if you passed these common requirements, then most likely you will get the greencard. Next, will be the consular processing procedure in our next column.
(Note: The article is for informational purposes only and is not intended to provide legal advice. Each immigration case is unique, however simple. It is suggested that you consult an immigration attorney to avoid costly mistakes. “An ounce of prevention is better than a pound of cure.”Send your comments and suggestions to the author at hubahibg@gmail.com. Thank you.)