Q. I asked my lawyer when I would get my green card. He said that I should pray that the right president is elected in November. What kind of answer is that? I am 33 years old. My mom petitioned for me in 2003. She is a U.S. citizen. Originally, our lawyer said my case would take two years, but I am still waiting. Why should it make a difference who becomes the next president?
- T., Brooklyn
A. I am only guessing, but I think your lawyer is telling you that unless our immigration laws change, you may never get permanent residence.
Many individuals with family and employer sponsors cannot get green cards under current law. As I have often written, most undocumented immigrants face a bar to permanent residence if they travel abroad for their final interview.
My guess is that you are in the group that must travel abroad. Your lawyer is hoping that Congress and the president allow undocumented immigrants to interview here for residence. Without a change, many individuals are in a legal limbo.
Regardless of who wins the presidential election, any change may be a long time in coming. To help undocumented immigrants, Congress would need to pass a general legalization program for undocumented workers or extend the law that allows individuals who are now required to return home for their immigrant visa interview to interview here.
That is the so-called 245i law. Under the current version of the law, you can interview here if a family or employment case was started for you by April 30, 2001.
Given our country’s economic problems, particularly the rising level of unemployment, a general legalization program is unlikely in the first term of any new administration. Can you imagine Congress granting work permission to 11.8 million new workers?
As for a 245i extension, that is a possibility. After all, the extension would benefit only those individuals already qualified for permanent residence.
Still, getting a 245i extension will be an uphill fight. Those who want to restrict immigration will argue that 245i rewards illegality. Still, whoever becomes President cannot ignore the growing political power of immigrants and their supporters.
Fingerprinting a minor is policy
Q. Is fingerprinting a minor legal? My two children, ages 7 and 13, went to get their photos taken for their permanent residence applications. The people at the U.S. Citizenship and Immigration Service biometrics center insisted on taking their fingerprints. I thought that children under 14 were exempt.
- America Muggli, New York City
A. With only a very few exceptions, the USCIS fingerprints all permanent residence applicants, including children under 14.
According to USCIS representative Marie Sebrechts, the fingerprints of children under 14 are taken for permanent resident card identification only. The prints are not submitted for the security check.
Children close to turning 14 are fingerprinted for the security check, but that’s so they don’t have to return for new prints and a security check after they turn 14. Note that children younger than 14 do not pay a biometrics fee.
Is the USCIS policy legal? I have not heard of a challenge to the policy, but I think the courts would allow the USCIS to take children’s prints. The USCIS has great discretion in implementing our immigration laws.
Travel between Canada and the U.S.
Q. I am a U.S. permanent resident and a Canadian citizen. I have lived here since 1962. I heard that new travel rules would soon go into effect. Will I still be able to use my permanent resident card to enter the United States by car from Canada?
- Nicole Smart, Brooklyn, N.Y.
A. New travel rules will go into effect on June 1, 2009, but your permanent resident card will remain a valid entry document. The big change will be for U.S. citizens. They will need a U.S. passport, passport card or Western Hemisphere Travel Initiative-compliant document to enter the U.S. Readers can learn more about the new travel rules at www.travel.state.gov. Click on Western Hemisphere Travel Initiative.
Allan Wernick is a lawyer and director of the City University of New York Citizenship and Immigration Project. He is the author of “U.S. Immigration and Citizenship - Your Complete Guide, Revised 4th Edition.” Send questions and comments to Allan Wernick, Daily News, 450 West 33rd Street, New York, N.Y. 10001. Professor Wernick’s web site is www.allanwernick.com.
Allan Wernick’s Immigration column is reprinted from the Thursday, October 16 edition of the New York Daily News.
