What Prevents Immigrants from Applying for Lawful U.S. Residency?

Immigrants made the U.S., which therefore maintains one of the most culturally and racially diversified places on Earth.  

Throughout its history, numerous attempts were made by U.S. immigration officers to limit immigration. Some through laws that reflected outright bias against some races and ethnic groups.  

The Chinese Exclusion Act of 1882 and the Immigration Act of 1924. Which provided an immigration quota based on nation of origin, provided examples of this.  

Although those laws may now be in abeyance, legal immigration status has always remained rather elusive. A long and complicated process renders many immigrants preferring to remain undocumented. 

Feared Unknowns 

Immigrants threaten lives by deportation through the means of visa overstay or illegal entry and keep on living; hence, in one extreme, an immigrant can challenge their illegal status by requesting lawful status in the United States.  

On the other hand, by applying for lawful status, some immigrants risk being placed in removal proceedings after their applications for residency are denied.  

“This fear of the unknown becomes the most significant fear among immigrants, which is understandable.  

Why try and fail and face removal when you could stay under the radar and continue living in the U.S. Despite the challenges of being here without status?” states immigration attorney Bridgette M. Bennett. 

As reported by the Center for Immigration Studies, in 2022, the number of undocumented immigrants living in the United States amounted to more than 11.3 million.   

The uncertainty continues to torture these immigrants as situations become difficult under every government.   

There are only proposals for a path to admissible status for some immigrants in America in Congress, among which is the Biden government.  

Language Barrier, Lengthy Processes, And Cost 

Obtaining work authorization and residency can take long classes and hurdles to negotiate. 

There is no guarantee of applicant success, and any mishap in the process may bring about the most dreadful fear of all: deportation for undocumented immigrants.   

Moreover, many immigrants come from countries where English is not spoken. Once a person has lawful resident status, they can apply for citizenship.  

However, the process of obtaining citizenship entails English proficiency and civic tests, and many immigrants fear they will fail the tests and, therefore, do not apply.  

Furthermore, the long process can be expensive because most immigrants may not find high-paying jobs. For instance, the N-400 form, considered one of the requirements for citizenship, may cost $845. An amount not easily affordable by numerous immigrants.  

In addition to the $845 application fee, an immigrant may have to pay for an attorney, complete ESL classes, or both, which may increase their financial burdens. 

Few applicants may qualify for a fee waiver for the application if they belong to certain categories: the applicant, the spouse, or the head of household receives means-tested benefits, the gross household income is less than 150 percent of the Federal Poverty Guidelines, or the applicant is facing a financial crisis, such as a sudden medical expense, that temporarily prevents him or her from paying the fee.  

Asylum Seekers 

If the immigrant’s motive for coming to the U.S. is seeking asylum due to persecution in his or her country of nationality. Then the process can be said to be no less arduous.   

They must observe certain procedures, like applying for asylum within a year of entry. Sadly, many asylum applicants are either ignorant of the possibility when applying or just too late to qualify.  

Applying for asylum does not guarantee the person will arrive in residence status, but it allows that person to work while waiting for his or her immigration court date, which may be many years. “The wait for an asylum hearing is quite long. I have hearings going all the way to 2028”, Bennett states. 

Limited Access to Legal Representation

The immigration process in the United States is a complicated maze that most immigrants can satisfactorily navigate without legal assistance. 

The legal aid organization and immigration lawyers’ functions include enlightening applicants about the intricate hitches in their law, ensuring appropriate paperwork filing, and representing their interests in hearings. 

However, towards this end, affordable legal counsel is often beyond the reach of many immigrants.   

To illustrate, given the number of people seeking immigration-related assistance, there is a dearth of available immigration attorneys. 

Legal fees are exorbitantly high. There is a huge disparity in the demand and resources available for low-cost or free legal services for immigrants. 

As such, most do not have access to proper legal representation, dramatically increasing the chances of mistakes that result in their deportation or denial of applications. 

This absence of cheap legal aid becomes a structural barrier that excludes immigrants from obtaining legal residency. 

Entry Requirements for Eligible as Very Strict  

To many immigrants, the standards to qualify for legal residency in the United States can be too stringent and unattainable. Creating a legal status involves spending a lot of money and fulfilling many specific and difficult requirements. 

For instance, family-based immigration requires proving that the family ties between the applicant and the relative are indeed close. In contrast, employment-based immigration requires proof of a job offer from a high-demand occupation. 

Minor criminal offenses could easily disqualify an immigrant from applying for residency. Moreover, many immigrants have many additional implications after entering the country unlawfully. 

The law may entail an extensive wait time before they apply for legal status and punishments, such as a string of years’ bar for re-entry into the U.S., depending on how long they were in the country illegally. Thus, it is rather harsh on the restrictive eligibility for many immigrants. 

Stretched Long and Messy Immigration Process 

Welcoming immigrants with an open hand, but ironically complicated by a hard-to-understand immigration system that varies with multi-legal enrolments and restrictions across diverse categories of visas and residency application processes. 

Such people face an overwhelming challenge because of too many forms, documents to retrieve, and rules to follow. 

Requirements widely differ owing to the aforementioned factors, such as the applicant’s country of origin or the type of residence applied for, such as family-based, employment-based, asylum, etc. 

In addition, family sponsorship visas provide proof of such relationships, while employment-based residency requires evidence of a job offer or scope of activity. 

It can involve additional consideration for constant policy and regulatory changes in line with current happenings, making it harder to understand. 

Final Thoughts!

In sum, while many immigrants may be eligible for lawful U.S. residency, a combination of legal, financial, psychological, and practical challenges prevents them from pursuing it. 

The immigration process is complex, costly, and fraught with risks, and many immigrants cannot overcome these barriers. 

Simplifying the immigration process, reducing costs, increasing access to legal representation, and providing clearer guidance and outreach could help remove some of these obstacles and enable more immigrants to achieve lawful residency in the United States. 

Addressing these issues is crucial to creating a fairer, more accessible immigration system that serves immigrants and the country.

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