Here is Why Undocumented Immigrants Cannot Apply to Adjust Status
Written By Michel Ramirez / VFT 2021
I am one of the 11 million immigrants that reside in the United States without legal status. Whenever people ask me why I didn’t come to the country legally or why I don't apply for a green card, my answer is short: there is no such option. Our current immigration system has no available options for undocumented immigrants to legalize, and the channels to come “the right way” are largely inaccessible to prospective immigrants who end up coming through unauthorized means.
Immigrating to the United States on a temporary or permanent basis is usually limited to three different routes: employment, family reunification, or humanitarian protection. Yet each of these possibilities has restrictive eligibility requirements and is normally limited in number and subject to annual quotas. Most undocumented immigrants that do not meet the requirements for not having the necessary family or employment relationships cannot adjust their status. As a result, no matter how long they have been in the United States, or maintain a good moral character by paying their taxes and contributing to their communities, many could live out the rest of their lives without any opportunity to apply for legal status.
One widespread misconception among Americans is that undocumented immigrants can apply for immigration benefits when in reality immigrants need to be petitioned by an employer, a family relative who is a U.S. citizen, or a lawful permanent resident. An immigrant cannot submit an application on their own unless they are applying for humanitarian protection. However, even if an immigrant has family or employment relationships, some regulations bar immigrants from obtaining legal status. For example, immigrants that entered the U.S. without being legally admitted or inspected are generally not eligible to adjust their status inside the country. They must leave the country and go through consular processing. But, leaving the country can have negative consequences, such as being banned from entering the U.S. for 3 or 10 years. Individuals that entered unlawfully multiple times are permanently barred from any legal immigration status. Although there are waivers for the 3- and 10-year bars, they are often difficult to obtain. These situations often force people to stay undocumented.
The most common way to immigrate to the U.S. and apply for legal residency is through a family-based petition. Only qualified family members in the United States can seek permission to bring certain family members. U.S. citizens can petition for their spouses, children, parents (if the petitioner is 21 or older), adult unmarried son or daughter, married son or daughter, and siblings. Lawful permanent residents (LPR), also known as green card holders, are only able to petition for their spouse, children, or adult unmarried son or daughter. A family-based petition is a two-step process. First, a qualified relative petitions for the beneficiary, or the intended immigrant. Once an application is approved, they can file a visa and apply for residency. Spouses, children (under 21 and unmarried), and parents of adult U.S. citizens are considered immediate relatives and there are always visas available for them. All other family categories need to wait in line. Non-immediate family visas are numerically restricted. For that reason, depending on the beneficiary’s country of birth, a person can be in the waiting line for decades. Additionally, the petitioning family member must also demonstrate that they are financially stable to support the family member they are petitioning for, and the beneficiary must meet eligibility requirements as well. Many undocumented immigrants fail to meet the requirements based on unlawful status or unlawful entry to the U.S.
To adjust status based on employment, first, a person must obtain an employment-based visa. Generally, this means that a person has a job already lined up and an employer who will be their sponsor. Employment-based visas are typically given if an employer cannot find a qualified U.S. worker. The job often requires high levels of education and professional experience. Employment-based visas are also subjected to annual quotas. For that reason, very few undocumented immigrants are eligible for these visas because they are highly selective and limited in number.
The last route to adjust status is through humanitarian relief. These include individuals that are eligible for VAWA (Violence Against Women Act), U visa (Victims of Criminal Activity), T visa (Victims of Human Trafficking), SIJS (Special Immigrant Juveniles), Asylum, and Refugees status. However, applying for humanitarian relief is a complicated process that can take a few years.
In every presidential election, immigration seems to be the most prominent and controversial issue in the United States. The main debate is always about whether undocumented immigrants that have been living in the United States for decades deserve a path to citizenship. As an undocumented immigrant myself, I find it absurd that immigrants need to prove their worthiness in a stolen land. It is disgusting that people have to share their sufferings and traumas as undocumented immigrants to humanize the issue. It is clear from the 11 million undocumented immigrants residing in the U.S. that there is something problematic about our current immigration system—a system that punishes people of color for wanting a better life. I am tired of hiding in the shadows. I am tired of seeing my community in constant distress of facing deportation or being separated from their families. No human being should be locked up in cages for wanting a better future. We can no longer stay in the shadows. I am fighting for a pathway to citizenship because my family, my community, and I deserve a life without uncertainty and fear.