Immigrants to Pay Tuition at Rate Set for Residents

[WilmywoodNCparalegal]

85. You are wrong on a few counts

First off, getting a green card is not a one-day deal. Moreover, the rules for permanent residence as E-1 visa holders are very different. It takes several years to obtain a green card based on a visa such as the E. It takes a few steps that are not immediate. While the application is pending, you are still on an E visa and subject to visa rules.

You mention homeschooling - that would be fine and dandy if my mom, who didn't work, had been proficient in English, which she was not. My dad, the one who actually knew some English, had to work during the day, so our only option was a public high school. Again, this is the end of the 80s, no ESL classes in that rural high school, and certainly no help from teachers or fellow students.

I will repeat again and again that I had no choice in the matter, since I had arrived just two weeks prior to starting school, and I had to somehow manage without any help in my native tongue. I managed and did well enough to graduate at 17 and go on to college.

Because the green card process took a while - as it does for everyone who follows the many rules - and thanks to my dad's employer's attorney's bad advice, I turned 21 while the green card applications were pending. At age 21, you are no longer considered part of your family unit. Unless you notify then-INS that someone is about to turn 21, you'll be excluded from the green card application. That's what happened to me. I was then advised to remain in the U.S. as a F-1 (foreign) student until such time as my green card would come (at the time, the wait for those in my priority category was 11 years). All through this time, I had to hope that my F-1 status would not be rescinded each time I requested it. I was denied the opportunity to attend law school because the quota at the law school that admitted me (and didn't cost an arm and a leg) for foreign students had been met.

At one point, my ability to secure further extensions of the F-1 visa was denied. For two years, I was an 'overstay' - so I was legally an illegal immigrant and subject to deportation. I lived in the shadows myself, despite two bachelor's degrees and two master's degrees, ineligible for any other kind of work visa. Then, I got married and marriage cures overstays (but not entries without inspections), and we all lived happily ever after... So, yes, I had it rough. I know what it means to live in the shadows, but I never asked that the laws be changed to fit my situation. Had I wanted to, I could have gone back to Italy (though not knowing who to live with or how to support myself, but that's another topic), sure. But my ability to see my family would have been drastically curtailed every time I'd try to make it past the immigration officers at the airport, since having close family in the U.S. who are permanent residents or citizens is almost usually a bar to entry.

I've been working in U.S. immigration law for 13 years now. Yes, the U.S. policy on immigration is based on a system that prefers those who possess qualifications or abilities to contribute to society. This is no different than the immigration policies of most other countries, including Canada. In fact, many other countries have far more restrictive immigration policies.

I have yet to deal with a worker coming to the U.S. on a visa who is being paid less than everyone else or receives fewer benefits. On average, in fact, the professionals I work with tend to be paid much higher.

As far as the enforcement of immigration law goes, it is all already on the books. The penalties for knowingly employing an illegal alien are steep and already there. The Obama administration, in fact, has ramped up this aspect enormously. I-9 audits are being performed at record rates and expected to increase. Since 1986, the I-9 form has required employers to confirm that employees have the eligibility to work legally in the U.S. E-Verify is now required in 13 states with more to come. ICE is doing a lot of I-9 audits throughout the nation. Penalties are steep for violations. If employers are paying dearly for employing unauthorized workers, then they will stop hiring them, stifling the supply of jobs. This will, in turn, drive down the need for people to enter without inspection and get the vicious cycle running.

The terminology of 'illegal alien' is something that is used all the time among those who work in this field for a living. I was an illegal alien; I am now a legal alien. That's the proper terminology that has been used for a very long time. Illegal aliens are those who either enter the U.S. without inspection or who overstay their visas. Aliens are those who are not in possession of U.S. citizenship or U.S. national status. Legal aliens are those who have obtained permission by the U.S. government to lawfully be present in the U.S. (note that this only applies to lawful presence, not employment. You can be a tourist and be a legal alien, but you don't have permission to work). I don't feel any less human, by the way.

I'm not blaming these kids - but at the same time I don't think that legal immigrants should be placed at the back of the line either, simply because their parents decided to take a different path instead of entering without inspection. I also think that parents should have the common sense of knowing that their actions (entering a country - any country - illegally) will have consequences on their kids. Parents who live matches and gasoline next to their kids should reasonably expect possible outcomes. Parents who enter the U.S. without inspection should reasonably expect their children will have major problems getting a decent job or going to school.

If we allow anyone to come to the U.S., then what's the point of having immigration laws or employment laws? Is it even feasible to have an open borders policy?