Thursday, July 12, 2007

It doesn't sound so tough to me.

Since I started talking about immigration, I figured I would do more research on our laws to see if they are unfair. While reading, I found some information which defines certain terms I use in my writings here. These are taken from rapidimmigration.com.
Illegal Entrants and US immigration Violators: These include aliens who
have
entered the United States without admission or parole; those who have
failed
to attend a removal proceeding; those who have willfully misrepresented a
material fact, or committed fraud in seeking entry to the US; or have
falsely
claimed US citizenship; or a nonimmigrant alien who has fraudulently
obtained a
public benefit; and stowaways and alien smugglers.

So, I think they have "Illegal" stated fairly well. So, what else under current law is of interest to me? How about these.

Ineligible for Citizenship: Any alien seeking to enter as an immigrant who is
permanently ineligible to citizenship is inadmissible. This includes those who
have evaded the draft, but does not include those aliens who seek to enter the
United States only as non-immigrants.

This one seems quite simple. If you dodged the draft and gave up your American citizenship, you are inadmissible. This one is pretty much defunct due to the fact President Carter pardoned most draft dodgers.

Public Charge: Any alien who, in the opinion of the consular officer at the
time of application for a visa, or in the opinion of the Attorney General at the
time of application for admission or adjustment of status, is likely at any time
to become a public charge is inadmissible. The factors to be taken into
consideration in determining whether an alien is likely to become a public
charge include the alien's age; health; family status; assets, resources, and
financial status; and any affidavit of support given on behalf of the alien.

Public Charge is defined as a person who would have to be cared for by our government. Again, this is simple because we do not want to create a wellfare state where Americans will have to provide care via taxes to new immigrants, as that is unfair to those already here.

Security and Related Grounds: This ground of inadmissibility relates to any
alien who seeks to enter the United States to engage in espionage, to import or
export any illegal security items, who seeks the overthrow of the US government,
who has or seeks to engage in terrorist activities, whose actions will have
serious foreign policy consequences for the United States, is a member of a
totalitarian party, or participated in Nazi persecution or genocide.

Again, really simple. If you are a spy, drug dealer, slave trader, Nazi, terrorist, or other unwanted person, we do not want you!

Criminal and Related Grounds: An alien who has been convicted of a crime
involving moral turpitude, or of a violation of (or a conspiracy or attempt to
violate) any law or regulation of a state, the United States, or a foreign
country relating to a controlled substance is inadmissible. Likewise, any alien
convicted of two or more offenses, even if they did not involve moral turpitude,
is inadmissible if the aggregate sentences to confinement actually imposed were
5 years or more. An alien who the consular or US immigration officer knows, or
has reason to believe, is or has been an illicit trafficker in any controlled
substance is inadmissible. Additionally, any alien who is involved in
prostitution or commercialized vice is inadmissible. An alien inadmissible on
criminal grounds may be granted a waiver under section 212(h) of the US
immigration and Nationality Act if the alien is the spouse, parent, son or
daughter of a citizen of the United States or an alien lawfully admitted for
permanent residence; can establish that the US citizen or lawful permanent
resident relative will suffer extreme hardship if the waiver is not granted; and
that the admission of the applicant would not be contrary to the national
welfare, safety, or security of the United States. In addition, if the crime was
committed more than 15 years before seeking admission, the alien need only show
rehabilitation and that the admission of the alien would not be contrary to the
national welfare, safety, or security of the United States. The waiver
application is filed on US immigration form I-601, together with a filing fee,
and proof of the qualifying relationship. Also, you must attach whatever
evidence you have that extreme hardship will be caused to the US citizen or
lawful permanent resident relative if the waiver is not granted. Under the US
immigration Reform Act of 1996, no waiver may be granted under this section if
the alien had previously been admitted to the US as a permanent resident, and
since said date had been convicted of an aggravated felony, or the alien had not
resided lawfully in the US for at least seven (7) years.

Wow, so even if you commited a crime, you can still get in if you jump through the hoops. If you are still commiting crimes, we do not want you. Also, if you have not been rehabilitated, we dont want you. Seems fair to the American citizens who do not want to be preyed upon.

Aliens Previously Removed: This class of inadmissibility applies to those aliens
who have been ordered removed from the United States. In general, they are
ineligible to reenter the United States for a period of five years following the
removal order. The period is increased to twenty (20) years if it is a second
removal, or it is a permanent bar if the alien was removed for the commission of
an aggravated felony. This section also contains a ground of inadmissibility for
aliens who are "unlawfully present" in the United States. The US immigration
Reform Act of 1996 added this section, and it is considered one of the most
extreme measures contained in the new act. This provision provides that any
alien who was unlawfully present in the United States for a period of more than
180 days but less than 1 year, (after April 1, 1997), voluntarily departed the
United States, whether under a removal order or not, and who again seeks
admission within 3 years of the date of the departure or removal, or has been
unlawfully present in the United States for one year or more, and who again
seeks admission within 10 years of the date of such departure or removal is
inadmissible. Unlawful presence means the alien's presence in the United States
after the period of stay granted by US immigration, or if the alien is present
in the United States, without being admitted or paroled. Several exceptions
exist. These include minors under the age of 18; those who have filed a
bona-fide application for asylum; those who qualify for the family unity
program; battered women and children; and those who have filed a non-frivolous
and timely application for extension of stay or change of status and have not
been employed without authorization in the United States. In addition to all of
the above, an alien who has been unlawfully present in the United States for an
aggregate period of more than 1 year, or has been ordered removed and who enters
or attempts to enter the United States without being admitted is inadmissible. A
waiver is available under the three (3) and ten (10) year bars for an alien who
is the spouse or son or daughter of a US citizen or permanent resident, and if
it is established to the satisfaction of the US immigration service that the
refusal of admission to such immigrant alien would result in extreme hardship to
the citizen or lawfully resident spouse or parent of such alien. As with many
other provisions of the new act, no court review of the US immigration decision
is permitted.

So, even if you have been deported, you can still have a chance to come back in legally? Is that amazing? So we are willing to give second chances on many fronts. None of this seems impossible or unfair.

However, I guess these can be seen as unfair and impossible to some. I am guessing that if you are a sedition supporting, drug smuggling, terrorist aiding, formerly deported spy it would be tough to get into our country via legal means. So, it may not be easy to get here, but if you do it the right way, and stay out of trouble, you can stay and become a citizen.

If you cannot pass the above quoted requirements, I do not want you here. If these are things you can complete and get legal, why not do it?

Again as I said in my last post, if you do not disagree with people living in our country ilegally, send me your address so I or someone else who many not live in a house as nice as yours can move in. We will send you the bills, and if you do not pay them, it is your fault. If you try to move me out, I will call you racist. Hope you have a hot tub.

No comments: