THE momentum for a real immigration reform is finally building up: the gang of eight bi-partisan Senators have introduced their immigration reform plan; Pres. Barack Obama supported the plan and pushed for the passing of a comprehensive immigration reform bill within six months; a majority of Americans now support granting qualified undocumented immigrants a path to citizenship; some Republicans and their supporters and SuperPACS have been more welcoming of undocumented immigrants since after the 2012 Presidential Elections.
These recent developments have emboldened many of the 11 million undocumented immigrants to come out, even among our “Tago ng tago” (TnT) kababayans.
They believe their days of hiding could be over, and that they would finally be able to live in America with their families, without fear of deportation or separation from their families.
Many of these kababayans have overstayed their stay in America, and have taken risks in getting odd jobs “under-the-table,” in the hopes that they will be petitioned by their employer someday.
Others resort to finding “love” from a US citizen to help legalize their status.
Some succeed, but many more get embroiled in more complicated web of lies and deception that has held them hostage for many years.
This is why many of these kababayans have been looking forward to the passing of the immigration reform bill, and deemed it would be like the “amnesty” granted by previous administrations, that would automatically grant them US citizenship.
According to Atty. Lou Tancinco (The Filipino Channel Balitang America’s “Pinoy Panawagan” segment Legal Counsel), several of these kababayans have been asking questions about how soon they can get their US citizenship, once the bill is enacted into law.
How will the immigration reform bill help our TnT kababayans?
Atty. Tancinco shares a letter from “Marie,” which illustrates the case of many Filipinos who have overstayed in the United States:
“I came here in the US with a tourist visa in 2008. During the exact date of my expiration stay of 6 months on April 13 2009, I married a man with a permanent status. We have conflict in our relationship and we don’t live together now. He does not want to get his citizenship and also, he does not want to file a petition for me up to this time and then he also does not want to divorce me.
My question is, what should I be doing right now in preparation for the incoming immigration laws of President Obama? Secondly, can I possibly file my own petition, without any required signature of my husband? Thirdly, with this situation of mine, should I be doing something, like filing a divorce in preparation for the possible amnesty as being pushed by Pres. Obama? Please help!”
Could Marie find immediate “redemption” in the passage of a comprehensive immigration reform bill? Atty. Lou said first and foremost, it is important to understand the basic principles laid down by the bi-partisan Senators and President Obama, in order to give us an the idea on what to anticipate from Congress, should they pass immigration reform.
President Obama generally mentioned four parts of his proposed immigration reform:
1. Continue to strengthen the borders
2. Crack down on companies that hire undocumented workers
3. Hold undocumented immigrants accountable before they can earn their citizenship; this means requiring undocumented workers to pay their taxes and a penalty, move to the back of the line, learn English, and pass background checks
4. Streamline the legal immigration system for families, workers, and employers.
The gang of eight bi-partisan Senators laid down four pillars of their immigration reform plan:
1. Create a tough but fair path to citizenship for unauthorized immigrants currently living in the United States that is contingent upon securing the borders;
2. Reform the legal immigration system to better recognize the importance of characteristics that will help build the American economy and strengthen American families;
3. Create an effective employment verification system;
4. Establish an improved process for admitting future workers to serve the nation’s workforce needs.
Atty. Tancinco noted that both President Obama and the gang of eight senators agreed that the immigration system is broken, and that there is a need to fix it through comprehensive immigration reform. They both agreed that once the undocumented become legal immigrants, there would be a pathway to citizenship.
However, the senators’ proposal will allow the opportunity to become US citizens ONLY when the borders are fully secured. There is no such contingency on President Obama’s plan.
Atty. Tancinco opined that making the borders secure as a condition in order to receive legal status is unjustifiable.
She explained that efforts for border security and interior enforcement efforts have been aggressive in the last decade. There is a budget of $18 billion annually for enforcement to secure the border and interiors.
She argued that more than 409,849 were also deported in 2012 (according to figures reported by the Department of Homeland Security). All these indicate aggressive efforts toward securing both the border and the interiors.
Atty. Tancinco said what could also be critical to Marie’s case and other TnT kababayans,’ in order to be able to immediately avail of the privileges granted to those with legal status, would be the proposal that “those present in the United States and who are undocumented, will have to wait in line behind those who have been waiting for several years to receive their green card.”
This means that there will be no green cards for undocumented immigrants unless all those, who have legally filed petitions ahead of them, receive their green cards.
“Unfortunately, close family members and legal permanent residents wait years or even decades to get a visa,” said Atty. Tancinco. She explained that he waiting time is long, especially for family-based petitions of US citizens (most evidently, for siblings coming from the Philippines, who wait 20 years or more before being able to migrate to the US).
For over-aged (above 21 years) children of US citizens, it takes 16 to 19 years before a visa is made available.
The undocumented would have to wait that long before a green card is issued will suffer the effects of a backlog before his status is legalized.
Atty. Tancinco said that real reform can only be achieved through measures, that would reduce the backlog in the processing of legal immigration. She said this may be done by adding more visas to both family and employment categories.
Another hurdle to the passage of the Senate bill and Pres. Obama’s plans is another bill being crafted by House Republicans — one that would only gives work permits to undocumented immigrants, not a pathway to citizenship.
While the momentum is there, comprehensive immigration reform is not yet a done deal.
But as Congress debates on the details in the provisions of the bill (which will have to be voted on before it could be signed into law by Pres. Obama), our kababayans need to continue to be proactive, and have the mindset of earning their path to citizenship, pursuant to what will be enacted as new immigration laws.
Atty. Tancinco advised: “To Marie and those who are similarly situated, keeping handy all immigration documents related to their entry to the United States may be a step towards preparing to legalize one’s status. Another important note is not to make major plans to travel, unless it is authorized.”
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Gel Santos Relos is the anchor of TFC’s “Balitang America.” Views and opinions expressed by the author in this column are are solely those of the author and not of Asian Journal and ABS-CBN-TFC. For comments, go to www.TheFil-AmPerspective.com, https://www.facebook.com/Gel.Santos.Relos
