Legal Solutions

Question: Immigration law is very harsh, making it very difficult to become 
a "lawful permanent resident" or to "fix papers." Is the law going to change?


Answer: Consequently, many people stay here illegally in perpetual limbo and go underground.
Another problem is the shortage of immigrant visas, which also causes many people to stay in
illegal status for years. For example, a lawful permanent resident man marries a woman from
Mexico. This man will have to wait for seven years before his wife can join him legally in the
United States. This couple faces a tough choice: to be separated for seven years, or to be a
family and raise children together while she is illegal. Many choose the latter, because family
is an important value in both Latino and American culture.
Is the government going to do something about it? In January of 2004, President Bush
acknowledged that our immigration system is broken and should be corrected to welcome
hard-working immigrants, and we should change our law so they can have legal status in this
country. He said many wonderful words about Mexican and other immigrants; such as, they
have the same family values as Americans and they are God-loving people. In subsequent
speeches, President Bush reiterated how immigration law needs to be changed to
acknowledge the contribution of hard-working immigrants and the need to unite families.
Despite his wonderful words, the reform proposal he announced met adamant opposition in
Congress. While the House and Senate usually support President Bush’s proposals, they did
not let him make any changes for the better in immigration law. Presidential candidate John
Kerry also talks about the need to improve immigration law, and even learned to say Si Se
Puede in front of Hispanic audiences. However, if he gets elected, will the anti-immigrant
groups in Congress give him what they would not give President Bush? So far, good
legislative proposals, such as Senator Kennedy’s SOLVE Act, which offer real solutions to the
immigration system, are stalled in Congress. At the same time, anti-immigrant provisions,
which will make things even worse, are added to legislation concerning national security and
law enforcement, such as the bill that is being proposed to implement 9/11 Commission
recommendations. I do hope the law will change to ease the burden on our hard-working
immigrant community, but it will not be easy. We tell our clients not to wait for a radical
change or “amnesty” to help them in the future, but rather to work within what the law
allows, even though it may take many years to “fix their papers.”

Question: I am from Guatemala. I came here illegally fourteen years ago with my wife and
my son, who was two months old at that time. I have a brother who is a United States
Citizen. My brother filed something for me 11 years ago and the piece of paper says I-130
petition. I’ve been calling Immigration, but they always say “Your case is pending.” Can you
tell me what is going on with my case?


Answer: Even though it’s been a long and frustrating wait for you and your family, good
news may be close. Your brother very wisely filed an I-130 family petition to classify you as a
potential immigrant, which is the first step toward your permanent residency in this country.
His petition was filed in the “fourth family-based category,” which means a current wait time
of approximately twelve years for a person from Guatemala. It appears you have already
waited for eleven years. About a year from now, you should check the State Department’s
Visa Bulletin, which is available at www.uslegalimmigration.com. When it shows a date later
than when your brother filed for you, you may be eligible to file for your permanent residency
in this country through adjustment of status. At the same time you may be eligible to file for
a work permit. I wish you good luck in becoming a permanent resident in this country.
· Disclaimer: This article is not legal advice, but general information. You should not rely on
general information provided here in making your decisions about your immigration case.
Instead, please consult with a lawyer who specializes in immigration law.
Leyla Galmarini McMullen is an immigration attorney with The Mdivani Law Firm in Overland
Park, Kan. Leyla helps families with permanent residency, work permits and naturalization.
She advises employers on work visas for workers and on immigration compliance plans. She
can be reached at (913) 317-6200, or at http://www.uslegalimmigration.com


Leyla Galmarini McMullen is a lawyer who works 
with the immigration practice in Mdivani Law Firm 
in Overland Park, Kansas. Leyla helps families with 
permanent residence, working permises, and naturalization 
process.She also helps companies with working visas 
for employees and plans with the laws immigration.