UNAUTHORIZED RESIDENT IMMIGRANT (aka ILLEGAL ALIEN)
The unauthorized resident immigrant population is defined as all foreign-born non-citizens who are not legal residents. Most unauthorized residents either entered the United States without inspection or were admitted temporarily and stayed past the date they were required to leave.
I. Legal ResidentsThe legally resident immigrant population as defined for these estimates includes all persons who were 1) granted lawful permanent residence; 2) granted asylee status; 3) admitted as refugees; or 4) admitted as nonimmigrants for a temporary stay in the United States and not required to leave by January 1, 2010. Nonimmigrant residents refer to certain aliens who were legally admitted temporarily to the United States for specified time periods such as students and temporary workers.
II. Unauthorized ResidentsThe unauthorized resident immigrant population is defined as all foreign-born non-citizens who are not legal residents. Most unauthorized residents either entered the United States without inspection or were admitted temporarily and stayed past the date they were required to leave. Unauthorized immigrants applying for adjustment to lawful permanent resident status under the Immigration and Nationality Act (INA) are unauthorized until they have been granted LPR status, even though they may have been authorized to work.
III. Beneficiaries of Temporary Protected Status (TPS)Persons who are beneficiaries of Temporary Protected Status (TPS)*an estimated several hundred thousand*are not technically unauthorized but were excluded from the legally resident immigrant population because data are unavailable in sufficient detail to estimate this population.
LEGAL RESIDENTSLET US DISCUSS ONE CATEGORY form this complex immigration mess.
I. Legal Residents (1) Granted Lawful Permanent Residence: To be granted lawful permanent residence, an individual must go through a two-part process 1) petition and 2) adjustment of status, which takes about 20 years for certain categories and 6 months certain categories of foreigners. The following are some of the categories available to foreigners to obtain permanent residency:
a) Family Based Preferences: First (F1)- Unmarried Sons and Daughters of US Citizens; Second (F2)- (F2A) Spouses and Children of Permanent Residents, (F2B) Unmarried Sons and Daughters of Permanent Residents; Third (F3) - Married Sons and Daughters of US Citizens; and Fourth (F4)- Brothers and Sisters of Adult US Citizens. If you are from China, you file for your brother or sister, the cut-off date is 08 JUNE 2004 (petitions filed before 08 JUNE 2004) for adjustment of status, and if you are from India the cut-off date is 22 NOVEMBER 2003 (petitions filed before 22 NOVEMBER 2003). Those who are waiting in India since December 2003 have to wait for their turn and it may take several years more because the numbers may retrogress to January 2000. No one knows how it works.
b) Green Card Lottery: Up to 50,000 immigrant visas available annually, drawn from random selection among all entries to individuals who are from countries with low rates of immigration to the United States.
If you are in the US as a visitor, eligible to apply for this visa, and applied for the visa, while you are waiting for the lottery results, consider that your visitor visa expired and you didn*t realize it for some reason (you were sick or hit by a drunk American driver and landed in the hospital, you don*t know English and you were confused, lost your papers and didn*t realize, simply you ignored as you were confident to get the green card, or whatever other silly reason). You didn*t win the lottery and you don*t have a proper visa. You are an unauthorized resident or illegal criminal alien.
The adjustment of status process for diversity visa winners must be completed by September 30 of the fiscal year the lottery pertains to. Visas cannot be carried over to the next fiscal year. Visas are available only for applicants with lottery rank numbers below the allocation cut-off number published by the USCIS in its monthly visa bulletin. Those individuals who are lucky to have a rank number below the cut-off number are *legal immigrants,* and those above the cut-off number will become *illegal criminal aliens,* if they do not leave the land of opportunity.
3. Employment-Based Green Card: This category has five preference-categories: 1) First Preference - Priority Workers; 2) Second First Preference - Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability; 3) Third Preference - Skilled Workers, Professionals, and Other Workers; 4) Fourth Preference - Certain Special Immigrants including Certain Religious Workers, and 5) Fifth Preference - Employment Creation.
LEGAL RESIDENTS (CONTINUED)In most of the above categories, you need an employer willing to sponsor for the green card process, and you are at the mercy of the employer until the process is complete, otherwise, you will have to start all over with another employer who is willing to give you a job and go through the process. In addition, it will take years to complete the process in certain preferences, e.g., if you are a student from China, you had a student visa (F and M visas) for five years (BS and MS, students are not eligible for the green card), then practical training extension for two years (not eligible for the green card), H-1 visa for 5 years (employer was kind to process H1, but not the green card), then finally you found an employer who was willing to give you a job and process the green card in the third preference (for which you are eligible as Other Worker) and filed I-140 petition in August 2006. As of today, you don*t have visa numbers available to you (the cutoff date for Mainland China is 01 July 2006) and the employer could not file for the adjustment of status (I-485). You are on a work permit waiting for your turn for the past 10 years. Unfortunately, 6 months ago your employer laid you off and you could not find any job so far. You were getting unemployment benefit as you have been paying taxes for the past 22 years, which ended recently. Your work permit expired 3 months ago and you didn*t get any replacement because nobody gave you a job so far. You have been out of status for the past 90 days and without a job for the past 180 days. If you remained unlawfully present in the US for more than 180 consecutive days, you will be barred from entering the US for 3 years because of the 3-year bar to readmission if you leave. You are an illegal criminal alien deportable after confinement in a prison in the US while the USCIS processes your deportation. You have earned BS, MS, and 15 years of experience in your field in the United Stated States, paid federal, local, and social security taxes for 22 years. Now, you are a CRIMINAL ALIEN hated by all righteous Americans (aka Adam Purintons), who might shoot you because you are a CRIMINAL ALIEN.
This is only the tip of the iceberg that immigrants have to face, but Americans fail to see. In addition to this iceberg, other misdemeanors may cause loss of status such as driving violations. A perfectly legal non-immigrant student could become a *Criminal Alien* deportable and barred from entering the US overnight for any number of silly reasons to misdemeanors to felonies. (See Removal of Criminal Aliens). However, all such Unauthorized Residents are *Criminal Aliens* in the eyes of patriotic Americans like Adam Purinton and legal immigrants who got in through the lottery program, who are willing to take extreme steps against immigrants.
RESOURCESExtreme steps against immigrants:
Anti-immigrant rhetoric turns innocent immigrants into criminals http://immigrationimpact.com/2017/11/06/anti-immigrant-rhetoric-immigrants-criminals/
Making Immigrants into Criminals: Legal Processes of Criminalization in the Post-IIRIRA Era
A MURDER SHATTERS THE DREAMS OF IMMIGRANT TECH WORKERS https://www.wired.com/story/adam-purinton-shooting-olathe-kansas/