Why It's Challenging for Illegal Immigrants to Become Legalized
The common belief is that illegal immigrants need to simply 'get off their asses' and 'become legalized' in the same manner as getting a driver's license. However, the process of naturalizing or becoming legalized is far more complex and challenging than that. The legal framework, paperwork, and requirements present significant barriers that are not easily overcome.
Personal Experience and Challenges
As a legal permanent resident, I understood the complexity of the process firsthand. I was granted my permanent residency under the 'alien of extraordinary ability' category and am a native English speaker from New Zealand with a Ph.D. earned in the United States. Although my journey was seemingly easier than many, the reality is that the process can be extremely difficult and costly for the vast majority of those seeking a Green Card.
Complex and Confusing Paperwork
The paperwork and process were so confusing that even a native English speaker with a Ph.D. needed assistance from an immigration attorney. I invested significant effort over a full year, and despite paying extra for a fast-track option, I still needed legal help to ensure the application was submitted correctly. The cost of this legal assistance was nearly $20,000, a sum that is prohibitive for many individuals.
Why the Process is So Difficult
Efforts to become legally resident are not just about filling out forms; they involve navigating a complex and often confusing legal system. The United States Citizenship and Immigration Services (USCIS) deliberately makes the process convoluted to deter individuals from attempting to regularize their status unassisted. This convoluted system also places an undue burden on individuals who may not have the time, resources, or legal expertise to navigate it effectively.
Language and Financial Barriers
For individuals whose first language is not English, the added challenge of understanding the documents and legal terminology is compounded. Even for highly educated and literate individuals, the process is often overwhelming without professional guidance. Financial constraints further exacerbate the difficulty, as the cost of legal assistance can be prohibitive, especially for those who do not have the financial means to pursue conventional paths to legalization.
Consequences of Illegality
In addition to the legal and financial hurdles, there are serious consequences for those who are here illegally. Being undocumented or overstaying a visa can result in a ban of up to 10 years from reentering the United States. This is especially problematic for families and individuals who have built their lives in the country but are now facing the prospect of deportation and separation from loved ones.
Exceptions and Pathways
There are some exceptions to the 10-year ban, such as if an illegal alien marries an American citizen. In such cases, the alien may be able to acquire an immigrant visa and apply for an unlawful presence waiver. However, even these pathways are fraught with additional complications and require a significant amount of time and resources.
It's crucial to understand that the barriers to legalization and the potential consequences for those who attempt to navigate the system unassisted are substantial. The current system, while designed to maintain immigration control, often leaves many individuals and families in a precarious position.
[Note: This communication is for informational purposes only and does not constitute legal advice. Readers are advised to consult with a legal professional for guidance specific to their situation.]