Immigrants without green cards have no legal right to reside permanently or to work in the United States. In addition to facing possible criminal charges and deportation by the federal government, undocumented aliens who attempt to work in the country are vulnerable to abuse from their employers and other unscrupulous persons because they cannot seek redress from the U.S. legal system.
Every alien who resides in the United States must be registered with the U.S. government, and those who wish to reside permanently are legally required to obtain green cards. Not every alien who applies for a green card receives one. The U.S. Congress decided that a highly skilled immigrant workforce is needed to sustain the nation’s economic progress and gave priority status to immigrants with exceptional talents, such as acclaimed actors, musicians, and painters. Immigrants with advanced academic degrees also receive priority.
Immigrants who qualify as priority workers are not required to go through the complicated and time-consuming procedure of obtaining labor certification to obtain their green cards. Formal certification procedures require prospective employers of applicants to demonstrate that no Americans or already established permanent residents are ready, willing, and able to take the jobs offered to the new immigrants at the wages that prevail. Labor certification is designed to guarantee that the employment of new immigrants will not adversely affect the wages and working conditions of workers who are already resident in the areas in which the jobs are performed.
U.S. Citizenship and Immigration Services imposes requirements for immigrants not applied to U.S. citizens because immigrants lack the protections of American citizenship. Aliens over the age of eighteen who are permanent residents must at all times carry valid green cards or risk being found guilty of a misdemeanor. Immigrants who leave the United States for periods of more than six months risk losing their green cards on the principle that long absences from the country may betray lack of interest in residing in the United States. Immigrants can also lose their green cards by failing to report changes of address or for committing crimes.
Immigrants can obtain
When applications for new or renewed permanent resident cards are denied, applicants are sent letters detailing the reasons. Immigrants cannot appeal negative decisions. They can, however, submit motions to have their denials reconsidered when new facts can be presented or their denials can be shown to have been based on incorrect applications of law or immigration policy.
A primary goal of U.S. immigration law is to help keep immigrant families together. Consequently, immediate relatives of American citizens are guaranteed green cards. Immigrants who overstay their visas or work without authorization can still qualify for green cards if they are the minor children of legal residents or the parents of adult American citizens. Classes of immigrants who cannot qualify for green cards after they are in the United States include stowaways, aliens who have failed to follow deportation orders, or those who have failed to appear at scheduled removal proceedings or asylum interviews.
Salvadoran immigrant being fingerprinted by a Los Angeles Immigration and Naturalization Service officer while renewing his green card in 1999.
Each year, the U.S. State Department conducts a free Diversity Visa lottery that is also known as
Anosike, Benji O. How to Obtain Your U.S. Immigration Visa for a Temporary Stay: The Non-Immigrant Visa Kit. Newark, N.J.: Do-It-Yourself Legal Publishers, 2003. Detailed, practical manual explaining almost every imaginable procedure in obtaining documentation to immigrate legally. Bray, Ilona M. Fiancé and Marriage Visas: A Couple’s Guide to U.S. Immigration. 5th ed. Berkeley, Calif.: Nolo, 2008. How-to book that provides a good, easy-to-follow guide to immigration policies on marriage issues, including the awarding of green cards. Cortes, Luis, Jr. A Simple Guide to U.S. Immigration and Citizenship. New York: Atria Books, 2008. Useful and up-to-date manual for immigrants working to become U.S. citizens. Farrell, Mary H. J. “For Immigrants Trying to Obtain the Coveted Green Card, Marriage May Be a Treacherous Strategy.” People Weekly, February 25, 1991, 93-96. Interesting article on legitimate and fraudulent marriages entered into for the purpose of obtaining green cards. Lewis, Loida Nicolas. How to Get a Green Card: Legal Ways to Stay in the U.S.A. 6th ed. Berkeley, Calif.: Nolo, 2005. Practical handbook offering step-by-step guidance on obtaining green cards.
Immigration and Naturalization Service, U.S.
“Marriages of convenience”
Permanent resident status