Sen. Rubio’s Immigration Proposal Under Inspection

freshh. · 05-07-2012, 12:07 PM

The article is based on the information that has already been provided by Rubio. But, it puts the road that lies ahead and difficulties that we will face into perspective. Unfortunately, there's nothing new for those who would like to join the military and find out how Rubio's bill will help them adjust their status.

Full article here.

Quote:

What we know (or think we know) about the bill
Sen. Rubio has voiced opposition to the DREAM Act—a bipartisan bill from its inception more than 10 years ago—because it contains a legal mechanism that would allow youth brought to the United States before age 16 to earn permanent residence and eventually citizenship by attending college or the enlisting in the military. Sen. Rubio has proclaimed that such a mechanism equals “amnesty” and is therefore unacceptable to Republicans. Still, he explains,“I do support, and have consistently supported … the notion that we need to accommodate these kids who, through no fault of their own, find themselves in this legal limbo.”

He addresses his “amnesty” concerns in his bill by allowing undocumented youth who meet DREAM Act-like criteria to receive a newly created nonimmigrant visa—a temporary visa—instead of permanent residence. If they subsequently satisfy DREAM Act-like requirements—attending college or performing military service, for example—they would be eligible to remain in the United States and maintain lawful status. The new nonimmigrant visa that Sen. Rubio contemplates would be renewable in perpetuity (it, in other words, is basically a permanent temporary visa) and would authorize the beneficiaries to work and travel legally.

Distinctions that matter
The conceptual distinction that leads Sen. Rubio to conclude that granting one set of benefits amounts to amnesty, while granting another very similar set of benefits does not, is elusive at best. But the practical consequences of this definitional hair-splitting are significant.

By providing a way for these kids to earn permanent temporary visas but not permanent residence, many or most of them will effectively be blocked from ever becoming citizens. Sen. Rubio has assured us that there will be no “bar” to citizenship—but there will also be no independent path to permanent residence.

The distinct advantage of permanent residence, however, is that after a number of years, the individual can apply for naturalization and—upon showing good moral character, command of the English language, and knowledge of basic American civics—become a full citizen. With no specific pathway to permanent residence, this bill would leave to luck and chance the possibility of ever gaining citizenship.

Individuals in this new nonimmigrant status would have two avenues to permanent residence: sponsorship by a close relative (in all likelihood via marriage) or sponsorship by an employer. But our legal immigration system is woefully backlogged, with waiting times stretching into the decades for most green cards.

So how long would it take eligible young people to receive citizenship under Rubio’s proposal?

Employment-based immigration
Although there are a number of employment-based visa categories, the EB-3 category—for “skilled workers, professionals, and other workers”—is the most likely category under which eligible young people could obtain a green card. But eligibility for this category requires a college degree, sponsorship by an employer, and a finding by the U.S. Department of Labor that there is no qualified and available American worker able to perform the job.

Take, for example, an immigrant from Mexico. After a determination of eligibility by the departments of Homeland Security and Labor, the individual would currently need to wait six years before a green card became available. After receiving employment-based permanent residence, an immigrant must wait another five years to apply for citizenship, for a total waiting time of at least 11 years. For an immigrant from India, the wait is even longer—10 years for permanent residence, and an additional five years for citizenship.

These waiting periods are only based on current backlogs. Each month the State Department issues a Visa Bulletin showing current visa availability. As of May 2012, for example, to receive an EB-3 visa, an immigrant from Mexico would have to have applied prior to May 1, 2006. But because the number of available visas is fixed on an annual basis (with just more than 40,000 visas given out to the EB-3 category) the visa availability date fluctuates based on demand.

This means that while it might currently take six years to receive a green card for people who applied in 2006, with increased demand—say, for example, from a new crop of young people eligible through Sen. Rubio’s plan—it will take far, far longer. If Sen. Rubio’s bill provides legal status to 1 million to 2 million individuals, the demand on this visa category will increase exponentially, even if only a portion of those individuals seek permanent residence through this portal.

Family-based immigration
Of course, in addition to employment sponsorship, nuclear family members can also sponsor relatives for green cards. The most direct path to legal permanent residence and eventually citizenship is marriage to a U.S. citizen because there are no annual numerical limitations. But do we really want to make these children’s futures and full integration to American society contingent on their marriage to a citizen?

If the young person marries a legal permanent resident (i.e., a green card holder) instead of a U.S. citizen, under the current backlogs he or she would have to wait at least three years for a visa to become available and another five years for citizenship for a total waiting period of eight years—at the absolute minimum.Those backlogs, however, would surely swell significantly (meaning much longer waiting periods) with the increased demand on the category that would result from legalizing this group of young people that Sen. Rubio’s bill addresses. But even if eight years, 10 years, or even 20 years of waiting sounds like a reasonable price to pay for their parents’ transgressions, it is still contingent on their getting married.

What does this say to, for example, gay [1] and transgender youth who, even if they live in a state that has legalized gay marriage, cannot receive a green card because of it? What about people who want to get married but can’t find a spouse? What about undocumented youth who have married each other? To be sure, there are other ways to obtain a family-based visa, but these take far longer and are less likely to be available to an undocumented youth.

Political detour from good policy
Instead of a clear road forward, then, Sen. Rubio’s plan would lead a significant population into a nonimmigrant limbo for decades or even for life. For a population of young people who have been wholly without protection for most of their lives, the prospect of any type of legal status that allows them to pursue their dreams is desperately tantalizing. But to consign hundreds of thousands of people who are American in all but their papers to an indefinite, potentially nonexistent path to permanent residence or citizenship because “that’s all the politics will bear” is deeply cynical.

Even accepting that this is a good faith effort to break political gridlock around this issue, the end result subverts the nation’s interest in a well-integrated, fully participatory citizenry. Without citizenship these individuals will never be able to vote, gain security clearances needed for any number of jobs, run for office, or even obtain a U.S. passport and the international protections that it accords. Going down this path will ultimately fracture, not unify, our country.

Conclusion
To be certain, we strongly believe that half a loaf is better than no bread at all.We certainly won’t reject a half loaf without inspecting it, especially given how hungry we are for reform. But whether the bread is poisonous or nutritious depends on the actual ingredients and whether it is fully baked. We look forward to seeing the details of Sen. Rubio’s proposal—and who he has in the kitchen with him.

2Face · 05-07-2012, 12:56 PM

Thanks for this comprehensive article. I feel very bad that there won't be a military portion. I guess those hoping for this should really consider enrolling in college. Other than that, if this were to pass, those "Permanent" visas would just be like a green card to us. Work, drive, TRAVEL...WTF else do we want?!?!?

lilbawler2001 · 05-07-2012, 01:09 PM

Quote:

Originally Posted by 2Face

Thanks for this comprehensive article. I feel very bad that there won't be a military portion. I guess those hoping for this should really consider enrolling in college. Other than that, if this were to pass, those "Permanent" visas would just be like a green card to us. Work, drive, TRAVEL...WTF else do we want?!?!?

Who said there won't be a military portion? I think the OP meant to say that there wasn't any new details about the military portion of the bill. Anyway this is what one of the GOP house member with a career A- rating from NumbersUsa had to say about the upcoming bill.

Quote:

On Friday in Tallahassee, Mack held one of his petition-signing events calling for construction of the Keystone XL pipeline. A reporter asked his view on Sen. Marco Rubio's Dream Act proposal, which would create nonimmigrant visas for children of illegal immigrants (but not a path to citizenship).
"Today we're talking about the Keystone pipeline. But I think Marco has done an excellent job of being a leader on issues, and I haven't had the opportunity to look at what Marco's Dream Act is, but I know him to be a strong conservative who understands amnesty is not the right way to go," said Mack, who once called Arizona's strict anti-illegal immigration law Gestapo-like.

http://www.tampabay.com/news/politic...s-lane/1228660

drock226 · 05-07-2012, 01:14 PM

Can someone please explain to me how this will work? In terms of working, can you just apply anywhere? or will the company you applied for have to prove that no other citizen can currently get that job?

iDream · 05-07-2012, 01:15 PM

Quote:

Originally Posted by 2Face

Thanks for this comprehensive article. I feel very bad that there won't be a military portion. I guess those hoping for this should really consider enrolling in college. Other than that, if this were to pass, those "Permanent" visas would just be like a green card to us. Work, drive, TRAVEL...WTF else do we want?!?!?

All i want to say is bring the bill out already. In that way we have a clear understanding on what's inside it.
But in our desperation, id say ill take whatever's on the table.

freshh. · 05-07-2012, 02:32 PM

Quote:

Originally Posted by 2Face

Thanks for this comprehensive article. I feel very bad that there won't be a military portion. I guess those hoping for this should really consider enrolling in college. Other than that, if this were to pass, those "Permanent" visas would just be like a green card to us. Work, drive, TRAVEL...WTF else do we want?!?!?

Sorry, 2Face. Rubio has said there is a military option, but we have no idea what the requirements are since he hasn't provided any more information than that.

danieltij · 05-07-2012, 02:44 PM

this is a republican bill, of course it going to have a military option

CB124 · 05-07-2012, 03:37 PM

I think I figured it out:

You get the nonimmigrant visa. It is 'perpetual' meaning you stay in this status as long as you want.

If you want to become citizens, you can adjust status through the existing routes, some examples are:

H1B worker : You get a job in a high needs area like engineer or doctor or whatever, but you are subject to all of the limitations and have to compete against foreign workers for these jobs. So its H1b-green card-citizenship

Investor visa: You or someone makes a bunch of money and opens up a business.

So investor-green card-citizenship

Family: you get sponsored by someone, can even be a sibling, though that will take at least a decade

So sibling-green card 10 years or so later-citizenship 5 years later.

Or you get married, the quickest route
Marriage-green card 3 years-citizenship

I think I have it figured out, don't I?

So you access the existing pathways to citizenship but there is no new one created.

Biblio · 05-07-2012, 03:50 PM

Quote:

Originally Posted by CB124

I think I figured it out:

You get the nonimmigrant visa. It is 'perpetual' meaning you stay in this status as long as you want.

If you want to become citizens, you can adjust status through the existing routes, some examples are:

H1B worker : You get a job in a high needs area like engineer or doctor or whatever, but you are subject to all of the limitations and have to compete against foreign workers for these jobs. So its H1b-green card-citizenship

Investor visa: You or someone makes a bunch of money and opens up a business.

So investor-green card-citizenship

Family: you get sponsored by someone, can even be a sibling, though that will take at least a decade

So sibling-green card 10 years or so later-citizenship 5 years later.

Or you get married, the quickest route
Marriage-green card 3 years-citizenship

I think I have it figured out, don't I?

So you access the existing pathways to citizenship but there is no new one created.

Except on another article posted on here, Rubio's Press Secretary says this:

Quote:

"So just like lots of people come to the United States on work visas or on student visas or tourism visas or whatever, this would be a non-immigrant visa, so it would be a temporary one," Conant said. "It wouldn't be permanent. But the intent here is if they choose to remain in the United States permanently that they could apply for permanent residence just like any other immigrant would."

So would this non-immigrant visa be temporary? It something I have always feared. We all have to rush to an existing pathway to citizenship, if we're not so lucky, we become overstays.

DA User · 05-07-2012, 06:10 PM

Quote:

Originally Posted by freshh.

The article is based on the information that has already been provided by Rubio. But, it puts the road that lies ahead and difficulties that we will face into perspective. Unfortunately, there's nothing new for those who would like to join the military and find out how Rubio's bill will help them adjust their status.

Full article here.

So the non-immigrant visa can be renewable forever until finds a way to petition for a GC like now? This removes the bar also. What if already have a parent petioning for the Dreamer? That application would still be valid I assume no re-start of the time.

Quote:

Originally Posted by 2Face

Thanks for this comprehensive article. I feel very bad that there won't be a military portion. I guess those hoping for this should really consider enrolling in college. Other than that, if this were to pass, those "Permanent" visas would just be like a green card to us. Work, drive, TRAVEL...WTF else do we want?!?!?

I don't see a reason why there won't be a military option. It is a GOP bill. It is a Perm temp visa with can be renewed.

Quote:

Originally Posted by CB124

I think I figured it out:

You get the nonimmigrant visa. It is 'perpetual' meaning you stay in this status as long as you want.

If you want to become citizens, you can adjust status through the existing routes, some examples are:

H1B worker : You get a job in a high needs area like engineer or doctor or whatever, but you are subject to all of the limitations and have to compete against foreign workers for these jobs. So its H1b-green card-citizenship

Investor visa: You or someone makes a bunch of money and opens up a business.

So investor-green card-citizenship

Family: you get sponsored by someone, can even be a sibling, though that will take at least a decade

So sibling-green card 10 years or so later-citizenship 5 years later.

Or you get married, the quickest route
Marriage-green card 3 years-citizenship

I think I have it figured out, don't I?

So you access the existing pathways to citizenship but there is no new one created.

Investor visa is $500K investment right?
What if a parent already filed a I-130 for her son/daugther unmarried over 21 then that petition time will still counts towards a GC right? China, Mexico, India and Phillipines is longer, other countries is about 7 years if a USC parent sponsor's her son/daugther.

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Sen. Rubio’s Immigration Proposal Under Inspection