review Maricris s application immediately, though he may experience some wait time for USCIS to actually process his application.

Transcription

1 As the American immigration system presently operates, various incongruities exist for those seeking to permanently immigrate to the United States. Requirements and processing times differ greatly depending on an individual s home country and the type of relationship the individual has with a U.S. sponsor (e.g., familial vs. employment based). For example, as of December 2016, the most recent application under review for brothers and sisters of U.S. citizens from the Philippines is from May 22, 1993, while the EB-5 s employment-based visa processing date for investors from the Philippines is listed as Current. Consider the hypotheticals of Maria Guinto and Maricris Llamador Gunigundo: Maria Guinto is a 32-year-old woman from the Philippines. Her only brother, Erik Lumaban, is a United States citizen. Erik is the only family that Maria has left, as her parents were killed in a car accident when she and Erik were both very young and neither of her parents had any brothers or sisters. Thus, Maria wishes to join her brother and his wife in the United States and to become a U.S. citizen herself. To do so, Maria must prove that she has a qualifying family relationship. In this case, the fact that Maria is the sister of a U.S. citizen places her in the fourth family-sponsored preference. As such, Maria will wait over twenty years for her turn to obtain a legal immigrant visa. This does not include the time it will take U.S. Citizenship and Immigration Services (USCIS) to process her application, which can be up to sixteen months, or longer, depending on the volume of applications. On the other hand, Maricris Llamador Gunigundo, a wealthy Filipino investor, has made his fortune by constructing and operating high-end hotels in and around the Philippines. Maricris is an avid traveler and frequently travels to the United States on vacation. However, Maricris is unhappy with the amount of time it takes for him to obtain visitor visas to the United States and with the lines he must stand in when entering the country. Thus, Maricris decided that he would like to obtain an American green card to enter and exit the United States more easily. He then decided that he is willing to invest the required $1 million in a new commercial enterprise in the United States. This investment will qualify Maricris for the fifth employment-based category, or an EB-5 visa. As such, USCIS will

2 review Maricris s application immediately, though he may experience some wait time for USCIS to actually process his application. This hypothetical illustrates just one of many discrepancies that exist in the American immigration system today and highlights the unfair advantages that the very wealthy are provided over those seeking to join their families here in the United States. As such, the United States should alter its immigration system by reallocating the EB-5 employment-based visas and all diversity lottery visas to the family-sponsored category in order to increase the number of visas granted to family members of lawful permanent residents and U.S. citizens each year.

3

4 . Wednesday s GOP Debate Transcript, Annotated The Immigrant Family: Securing the American Dream. How Families Are Affected. Id. see also U.S. Orders Return of Cuban Boy

5 . See see also supra Lawful Permanent Resident (LPR) Id. Family-Based Immigrant Visas

6 Family-Based Immigrant Visas see Immigrant Numbers for December 2016 Visa Bulletin: Immigrant Numbers for December 2016 Visa Bulletin: Immigrant Numbers for December 2016, supra See infra. See Immigration Polling Tells Congress to Act see also CNN Poll: 88% of Americans Support Immigration Reform with a Path to Citizenship

7 A. America s Immigration System: An Overview Without the Courts?: The Supreme Court s Recent Jurisprudence Through an Immigration Lens supra. Immigration and Nationality Act. Immigration Law Federal Law & Legislative History. History of U.S. Immigration Laws

8 . See id. Id. Id.. U.S. Visas: Glossary

9 Family-Based Immigrant Visas supra Id.. Family-Based Immigrant Visas supra U.S. Visas: Glossary supra. Family-Based Immigrant Visas supra U.S. Visas: Glossary supra. Family-Based Immigrant Visas supra. When to File Your Adjustment of Status Application for Family Sponsored or Employment-Based Preference Visas: November 2015

10 supra supra Visa Bulletin supra U.S. Visas: Glossary supra. See Visa Bulletin: Immigrant Numbers for December 2016 supra

11 . Family-Based Immigrant Visas supra See generally U.S. Visas Glossary supra. Visa Availability and Priority Dates see also supra U.S. Visas: Glossary supra. Employment-Based Immigrant Visa Employment-Based Immigrant Visa. Employment-Based Immigrant Visa supra

12 B. The Family-Sponsored, Employment-Based, and Diversity Visa Programs 1. Family-Sponsored Visa Program See Family-Based Immigrant Visas supra Visa Bulletin: Immigrant Numbers for December 2016 supra infra infra

13 supra U.S. Visas: Glossary supra supra Visa Bulletin: Immigrant Numbers for December 2016 supra supra Id. The Immigrant Visa Process

14 supra Green Card for an Immediate Relative of a U.S. Citizen Green Card for an Immediate Relative of a U.S. Citizen Id. supra. Family-Based Immigrant Visas supra Id. Id. Id.. See id.. Family-Based Immigrant Visas supra

15 2. Employment-Based Visa Program. Employment-Based Immigrant Visa supra. Permanent Workers Permanent Workers. Employment-Based Immigration: First Preference EB-1

16 . Employment-Based Immigration: Second Preference EB-2 Employment-Based Immigration: Second Preference EB-2 Id. Id. see also National Interest Waiver. Employment-Based Immigration: Second Preference EB-2 supra. Employment-Based Immigration: Third Preference EB-3

17 . Permanent Workers supra. Employment-Based Immigration: Fourth Preference EB-4 Employment-Based Immigration: Fourth Preference EB-4. Employment-Based Immigration: Fourth Preference EB-4, supra. EB-5 Immigrant Investor Program EB-5 Immigrant Investor Program.

18 . About the EB-5 Visa Classification Id. Id. Id not Id. supra

19 3. Diversity Lottery Visa Program see Id. see also supra supra supra

20 . The Diversity Visa Process supra infra supra supra supra supra. Green Card Through the Diversity Immigrant Visa Program Green Card Through the Diversity Immigrant Visa Program

21 Consular Processing. Green Card Through the Diversity Immigrant Visa Program supra Id. Id.. See Green Card Through the Diversity Immigrant Visa Program supra. See infra see also Visa Bulletin: Immigrant Numbers for December 2016 supra. Green Card Through the Diversity Immigrant Visa Program supra

22 supra supra. See infra

23 A. Employment-Based and Diversity Lottery Visas: Why Changes Must Be Made 1. Controversy with the EB-5 Visa. See id. US Is Wrong to Sell Citizenship Through EB-5 Visa, Give Green Cards to H-1B, EAD Holders Waiting for 10 Years. See supra see also EB-5 Immigrant Investor Program supra supra The Dark, Disturbing World of the Visa-For-Sale Program

24 Foreign Citizens Making Big Investments in U.S. in Exchange for Green Cards supra Investor Alert: Investment Scams Exploit Immigrant Investor Program Dozens of Fraud Investigations Target US Immigration Program for Rich Foreigners see, e.g. e.g. EB-5 Regional Center

25 Chi. Convention Ctr. see also Foreign Investors Defrauded Through U.S. EB-5 Visa Program SEC Charges Couple with Fraud in Chinese Investor Visa Scheme see also Couple s EB-5 Operation Is a $27M Scam, SEC Says See, e.g. supra Why Congress Will Extend the EB-5 Immigrant Visa Program. See generally Without Greater Investor Protection, EB-5 Is Unsustainable

26 2. Problems with the Diversity Lottery System Selling America Short: The Failure of the EB-5 Visa Program see also supra The Immigration Gamble: Eliminating the Diversity Visa Program Hearing on the Diversity Immigrant Program Elimination Before the H. Judiciary Subcomm. on Immigration Policy & Enforcement. See generally

27 supra. See Fraud Warning: Diversity Visa Program Scammers Sending Fraudulent s and Letters Be Aware of Diversity Visa Scams Copycat Scammers and the Visa Lottery Seen and Heard: Diversity Visa Lottery Scams Diversity Visa Lottery Scams supra. Diversity Visa Lottery Scams supra

28 B. Importance of Family Reunification: Why America Must Reform Its Immigration System supra see also Diversity Visa Program and Its Susceptibility to Fraud and Abuse: Hearing Before the Subcomm. on Immigration Border Sec., & Claims of the H. Comm. on the Judiciary. Diversity Visa Program and Its Susceptibility to Fraud and Abuse, supra. Immigration Backlogs Are Separating American Families Family Reunification and Employment Visas see generally see generally Stronger Families, Stronger Societies supra. See supra

29 1. Families Central Role in the Societal Incorporation of New Immigrants supra supra supra supra. Separation of Nuclear Families Under U.S. Immigration Law: Hearing Before the Subcomm. on Immigration & Border Sec. of the H. Comm. on the Judiciary

30 are supra Data on Single Parent vs. Dual Parent Households Are Both Parents Always Better Than One? Parental Conflict and Young Adult Well-Being supra supra

31 2. The Family-Based Versus Employment-Based Visa Holder Contributions Id. U.S. Visas: Glossary supra Admission Criteria and Immigrant Earnings Profiles supra Research on Immigrant Earnings supra supra supra

32 see generally supra Family Unification, Siblings, and Skills in 40% of the Largest U.S. Companies Founded by Immigrants or Their Children House Republicans Place Priority on Immigration Fix for High-Skilled Workers supra Remittances and Immigration Financial Access for Immigrants: Learning from Diverse Perspectives supra

33 3. Reducing Illegal Immigration Rates Remittance Trends See supra Visa Bulletin: Immigrant Numbers for December 2016 supra Id. supra Immigrant Numbers for November 2016 Visa Bulletin: Immigrant Numbers for November 2016

34 . Compare id. with Visa Bulletin: Immigrant Numbers for December 2016 supra Visa Bulletin: Immigrant Numbers for December 2016 supra Id.. Compare id. with Visa Bulletin: Immigrant Numbers for December 2016 supra. Compare Visa Bulletin: Immigrant Numbers for November supra with Visa Bulletin: Immigrant Numbers for December supra supra 5 Facts About Illegal Immigration in the U.S.

35 DHS Releases End of Year Statistics See supra. See see Humanity? Practicality? Amnesty? The Arguments for and Against Immigration Reform supra

36 . See id.. See id. Debunking the Myth of the Job-Stealing Immigrant Unskilled Workers Lose Out to Immigrants Are Immigrants Really Taking American Jobs? Of Course Immigrants Take Jobs From People; But They Also Create Them For Others supra

37 Immigrants Aren t Stealing American Jobs Id. supra Id. Summary of Immigrant Eligibility Restrictions Under Current Law Poor Immigrants Use Public Benefits at a Lower Rate than Poor Native-Born Citizens

38 . U.S. Visas: Glossary supra Affidavit of Support Visa Bulletin: Immigrant Numbers for December supra supra Estimates of the Legal Permanent Resident Population in 2012 U.S. Naturalizations: 2012

39 Immigrant Numbers for January 2016 Visa Bulletin: Immigrant Numbers for January 2016 Green Card for an Immediate Relative of a U.S. Citizen supra. Environmental Impact Does Immigration Hurt the Environment?

40 Cassidy Cloninger *

41 Famil Spon ore All C argeabili Area E ep T o e Li e C ina Mainlan Born In ia Me i o P ilippine F1 F2A F2B F3 F Visa Bulletin: Immigrant Numbers for December supra

42 Emplo men Ba e All C argeabili Area E ep T o e Li e C ina Mainlan Born El Salva or Gua emala Hon ura In ia Me i o P ilippine 1 2n 3r O er Wor er Cer ain Religiou Wor er Non Regional Cen er C an T Regional Cen er I an R Id.

43 Region A ri a A ia All DV C argeabili Area E ep T o e Li e Separa el Europe Nor Ameri a Ba ama O eania Sou Ameri a, an e Caribbean Id.