An Immigration Primer

By Deborah Levine, Editor

Immigration has been a hot topic in recent presidential debates. I recently asked immigration lawyer, Terry Olsen, to talk to me about issue concerning children and immigration. I had a particular interest in the granting of privileges to children not here legally, whether it was attendance at public schools or tuition rates for higher education. The information Terry gave me illustrated how complex the issues of immigration is and how challenging the legal issues surrounding it can become.

I began by focusing on children born in America to illegal immigrants, sometimes called “anchor children.” I asked Terry to give me an overview of some of the issues affecting these children. The first thing he did was to clarify how one can become a citizen of the United States. “There are only two ways in which to become a citizen. The first is through family and the second is through employment,” Terry explains.

The “anchor children” are apparently in neither category. “To an immigration lawyer, anchor children are simply Americans, not immigrants. In their case, it’s a matter of whether to change the law or not. There are different issues when the child’s immigrant status is considered.”

Terry gives further details, “If a child is an immigrant the question is whether the child belongs to an immigrant or a non-immigrant. Families who have immigrated to the United States and brought the child with them will submit paperwork on behalf of the child.” Terry describes a second way for this child to come here, “They can come as a dependent of parent(s) who are here for employment, but this doesn’t happen too often.”

If the child is here as a non-immigrant but intends to become an American citizen, there will be a problem. The law does not recognize intent as a viable basis for residency status and this situation will affect the child as he/she grows up. However, anyone under age 18 does not accrue any unlawful status. So, if they return they can apply to the consulate for the appropriate papers. Many who want to attend college do so.

Immigrants may apply for citizenship after three years if married to an American citizen and after five years if they are here through employment. Sometimes illegal immigrants think that by marrying an American they can get the permanent residency. However, if immigrating with an American spouse, you must have a green card showing permanent residency. The law stipulates that if their last entry was illegal, without inspection by a CIS officer, they can’t immigrate and become a citizen. For any chance to immigrate they have to return and apply to the consulate. The consulates will often deny the paperwork if they know this person was here illegally. Many of these new spouses are surprised to find that American marriages do not grant them the status they seek. Unfortunately, lying and, therefore, fraud, about previous entry becomes the only avenue in these cases.

Given the difficulties of obtaining citizenship, it has become a popular alternative for illegal immigrants to try to get their children adopted by American citizens. In many cases, they will pay these families to adopt their child. However, they need to be aware that immigration officers assume fraud and look very carefully at these cases. Immigration will examine two years worth of bills to make sure that the child is actually in the physical custody of the American family and his/her expenses are paid by them. School records and other documentation will be required as well as face-to-face interview. Further, the adoptees must be under the age of 16. Terry talked about how a 40-year old man once came to his office trying to arrange his own adoption.

Terry concluded with an acknowledgement of questionable practices in some foreign countries. “Conservatives are correct that in Latin America there are businesses that will help get people to get to the United States. The businesses are telling their clients that although they will arrive as illegal immigrants, but there will be amnesty for them in the future.”