Mouldy- In general, I agree with your observations, but the reasons that those observations are valid do not appear to be accurate.
1) Students- There is no limit on the number of student visas that can be issued and, as long as the school arranges for the work as part of the student's education (co-ops, internships and the like), a student may work. Furthermore, upon completion of each course of study, a student is entitled to Optional Practical Training for a year. In addition, students may change schools, basically, at will, continue their studies without leaving the US, and change their nonimmigrant status or adjust their status to that of an immigrant. Frankly, the only real limit on students is that they have to attend a full-time program.
2) Lawful nonimmigrant workers attending school? No bar. As long as their intent was to be a nonimmigrant, they can attend school at will.
3) More avenues for legal work? How many do we need? Every conceivable field and level of work is represented in the Immigration and Nationality Act. Furthermore, the approval rate for Immigrant Worker Petitions is very high, there is a "Premium Process" for special treatment for employers who are willing to pay the price, and Work Authorization for those who are waiting for their petitions and applications to be approved. Given the tremendous latitude to business under the INA, it is hard to accept the suggestion that America's immigration laws create an unfavorable business/employee environment.
As I said in the beginning, your observations are correct. Your reasons do not appear to be.
While it is true that there has, historically, been a large backlog of immigration cases under the INS and even under the USCIS. However, as our processing numbers show (www.uscis.gov), the backlog is very quickly being eliminated and we are mandated to eliminate it entirely by the fall of 2007. This is no longer the problem.
W/r to business visas, the real problem is the infamous "Cap." Every summer Congress forcasts the needed visas and gives us a specific allocation. Once its gone, everyone else has to wait for the next batch in October. Since the Cap is ALWAYS much too small, the backlog of approved cases waiting for a visa just grows and grows and grows and grows... The real problem is that Congress lacks (again, I'll say it) the nads to permit the proper number of visas.
I appreciate your attention to the details of the present immigration conditions and the remedies. U.S. has made laws and then looked aside for a long time.
I am curious: I have a "son" who has lived with me for over four years who was brought here from Mexico and abandoned. What do we do with kids like him?
Take care,
ameena
Ameena- There are a number of complicated legal issues attached to the issue you present. You, or more correctly, your son, needs legal counsel. (In the alternative, there are advocacy groups with a high level of skill in this area. In my area, the most proficient seem to be Lutheran Children and Family Services and HAIIS Migration Counsel.)
Of issue is his admission to the United States (or lack thereof), your legal status, the legal relationship between you (adopted or not), and his legal relationship to his biological parents. There may be other issues that I have not thought of.
I am not a lawyer and cannot "advocate" on immigration matters. A couple of things to look for:
1) When seeking immigration counsel, look for a lawyer who specializes in immigration law. (I have seen more messed up cases by well-meaning family lawyers dabbling in immigration than I can shake a fist at.) More specifically, you should look for an immigration lawyer who practices in the family area, not in business immigration law.
2) You will certainly need to clarify the child's relationships. This will require contact with the parents or one of the legal remedies through family court.
3) Knowing how the child entered and documenting that entry could be important. Acquiring such documentation would be helpful in dealing with an immigration lawyer.
finally,
4) Don't pin your hopes on the bills in Washington. I don't think any of them would provide a remedy for your situation because of the time-frame you are talking about. (All of the bills exclude the recently entered and your son is four?) So don't lose time in seeking a remedy through the system as it is now.
Lastly, as I said before, I am not a lawyer and not qualified or permitted to advocate for aliens. You need counsel. Don't interpret my remarks as a negative assessment of your condition though. The particular facts of an immigration case control or, at least, inform the outcome and I have seen dozens of cases where abandoned children have received status in the United States.
Commenting by HaloScan
