Criteria for Immigrants to Remain in the United States

News & Society

  • Author Oanh Bui
  • Published November 9, 2011
  • Word count 415

Following the new US immigration policy released by President Back Obama which allows undocumented immigrants facing deportation to stay and work legally while the government works on reforming the immigration system, guidelines for deciding who may qualify to remain in US has been announced by U.S. Custom and Immigration Enforcements.

Obama's decision on US Immigration policy is a new hope for skilled workers who now experience long waiting times for their US Visa applications to be processed, and many of 300,000 illegal immigrants currently facing deportation to remain in the US.

However, to decide who may qualify, the White House would use more discretion and review deportation cases on an individual basis, according to Cecilia Munoz, the White House Director of Intergovernmental Affairs.

"There are more than 10 million people who are in the US illegally; it's clear that we can't deport such a large number," she said. "So the Administration has developed a strategy to make sure we use those resources in a way that puts public safety and national security first."

Accordingly, "common sense guidelines" will be applied by Department of Homeland Security and Justice Department. These guidelines have been written by Morton, director of U.S. Custom and Immigration Enforcement, spelt out factors that immigration officials should consider when deciding whether the person will stay or go as follows:

•the person's length of presence in the United States;

•the circumstances of the person's arrival in the United States, particularly if the alien came to the United States as a young child;

•the person's pursuit of education in the United States, with particular consideration given to those who have graduated from a U.S. high school or have successfully pursued or are pursuing a college or advanced degrees at a legitimate institution;

•whether the person, or the person's immediate relative, has served in the U.S. military,

reserves, or national guard;

•the person's criminal history, including arrests, prior convictions, or outstanding arrest warrants;

•the person's ties and contributions to the community, including family relationships;

•the person's age, with particular consideration given to minors and the elderly;

•whether the person has a U.S. citizen or permanent resident spouse, child, or parent;

•whether the person is the primary caretaker of a person with a mental or physical disability, minor, or seriously ill relative;

•whether the person or the person's spouse is pregnant or nursing.

Morton also noticed that the list was not exhaustive and the factors were still being considered so no one was determinative.

Migration Expert is an online provider of visa and immigration advice and services. The Company has been operating since 2002 when it began its Australian visa services and has since helped people from all over the world apply for visas to Australia, Canada, the United Kingdom and the United States.

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