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3 Legal Status and Immigrant Integration
Pages 93-158

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From page 93...
... While the previous chapter describes the history and current state of immigration policy, a wide body of research has also examined the impact of policy changes on immigrants and their descendants. These policy changes have contributed to the proliferation of legal statuses, with important consequences for immigrant integration.
From page 94...
... As discussed in Chapter 2, legal status has become increasingly important to immigrant integration. Most immigrants of the past did not face the complexities that the contemporary immigration system poses; when employment opportunities decreased, social programs were implemented to assist immigrants and aid integration (Fox, 2012)
From page 95...
... There are two aspects of the current immigration system that magnify the importance of legal status today and its effects for the prospects of immigrant integration. First, on the legislative side there has been an expansion of temporary legal statuses with indefinite periods of extension as well as long waiting lines and backlogs for applications, particularly those submitted through family reunification, to be reviewed and adjudicated.
From page 96...
... Resettlement Naturalized Citizen Same rights and access as native-born citizens, except ineligible to be president or vice president. Permanent Immigrant Lawful permanent ü ü ü ü Some resident Refugee ü ü ü ü ü ü Asylee ü ü ü ü ü Some T-Visa ü ü ü ü ü VAWA ü ü ü ü Some
From page 97...
... . a"Dual intent worker" refers to temporary nonimmigrant visas for which an applicant is permitted to apply for a temporary work visa with the intent to eventually apply for lawful permanent residence.
From page 98...
... LAWFUL PERMANENT RESIDENT (LPR) CATEGORIES Immigrant Categories Based on Family Relationships Immediate Visas are based on a close family Yes.
From page 99...
... government abroad; certain former employees of the Panama Canal Company or Canal Zone government; Iraqi and Afghan interpreters/translators who have worked directly with the U.S. Armed Forces or under Chief of Mission authority as a translator/interpreter for a period of at least 12 months and meet requirements (annual numeric limitation of 50 visas)
From page 100...
... citizen or permanent resident. • Are admissible to the U.S.
From page 101...
... Cuban native The Attorney General has the discretion to Yes. Cuban natives or or citizenl grant permanent residence to Cuban natives citizens can apply for a or citizens applying for a green card if they green card while in the •  ave been present in the U.S.
From page 102...
... Applicants must file refugeen Immigration Fairness Act, certain nationals Form I-485, Application of Haiti who had been residing in the U.S. to Register Permanent since December 31, 1995, could become Residence or Adjust permanent residents.
From page 103...
... If USCIS grants Adjustment that certain nationals from Guatemala, an applicant relief and Central El Salvador, and former Soviet bloc under Section 203 of American countries are eligible to apply for suspension NACARA, applicant Relief Act of deportation or special rule cancellation will be an LPR and (NACARA) , of removal under the standards similar to can obtain an I-551, Section 203q those in effect prior to the enactment of the Permanent Residence Illegal Immigration Reform and Immigrant Card.
From page 104...
... must be admissible to the U.S. as a permanent resident.
From page 105...
... : a U.S. citizen or permanent resident.
From page 106...
... See conditions Intracompany •  generally have been working for a above for H-1B. transferee qualifying organization abroad for executive or one continuous year within the 3 managercc years immediately preceding his or her admission to the U.S.
From page 107...
... Special Adjustment programs are limited Yes. Special immigrant categoriesff to individuals who meet particular classification qualifications and/or apply during certain requirements vary time frames.
From page 108...
... The employment-based professionals specialty occupation requires theoretical immigration categories. from Australiaii and practical application of a body of knowledge in professional fields and at least the attainment of a bachelor's degree, or its equivalent, as a minimum for entry into the occupation in the U.S.
From page 109...
... Applicants must be enrolled in a program or course of study that culminates in a degree, diploma, or certificate, and their school must be authorized by the U.S. government to accept international students.
From page 110...
... Nonimmigrant or Employment-Based Visa Categories with No Regulatory Pathway to LPR Statusll CW-1, Employers in the Commonwealth of the None. CNMI-only Northern Mariana Islands (CNMI)
From page 111...
... as either a trainee to receive training in any field of endeavor, (other than graduate medical education or training, that is not available in the foreign national's home country) or a Special Education Exchange Visitor to participate in a special education exchange visitor training program that provides for practical training and experience in the education of children with physical, mental, or emotional disabilities.
From page 112...
... embassy will determine whether an activity is qualifying in order to obtain a nonimmigrant visa. P-Visass Applicants coming to the U.S.
From page 113...
... on the basis of his or her immigration status in the U.S. Once granted TPS, applicants must re-register during each re-registration period to maintain TPS benefits.
From page 114...
... from June 15, 2007, to the present time; • was physically present in the U.S on June 15, 2012, and at the time of making the request for consideration of deferred action with USCIS; • had no lawful status on June 15, 2012; • is currently in school, has graduated or obtained a certificate of completion from high school, has obtained a general education development certificate, or is an honorably discharged veteran of the U.S. Coast Guard or Armed Forces; and • has not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and does not otherwise pose a threat to national security or public safety.
From page 115...
... citizen or LPR born on or before November 20, 2014; and • is not an enforcement priority for removal from the U.S., pursuant to the November 20, 2014, Policies for the Apprehension, Detention and Removal of Undocumented Immigrants Memorandum. Notes: USCIS will consider each request for DAPA on a case-by-case basis.
From page 116...
... H-4 visa holders' pathway to citizenship on dependent on their employed spouse or parent, and until recently H-4 visa holders were not granted work authorization. Beginning in May 2015, H-4 dependent spouses whose spouses had begun the process of seeking LPR status were permitted to apply for work authorization.
From page 117...
... In addition, individuals in some of these categories may apply for nonimmigrant visas with regulatory pathways to lawful permanent residence. mm See http://www.uscis.gov/working-united-states/temporary-workers/cw-1-cnmi-onlytransitional-worker [October 2015]
From page 118...
... Immigrants in undocumented status or some temporary statuses, such as those who fall under Deferred Action for Childhood Arrivals (DACA) , are not eligible for health care benefits through the Affordable Care Act2 (see Chapter 9)
From page 119...
... , those in less permanent legal statuses have limited access to higher education, especially since several states do not extend to them the benefit of in-state tuition (see Chapter 2)
From page 120...
... . And although most immigrants, even the undocumented, have the potential to "regularize" or legitimize their status and achieve LPR status via marriage, through an employer, or through family petitions, many face significant barriers to adjustment of status, including high fees, language barriers, technicalities about mode of entry and time of arrival, and lack of legal expertise.
From page 121...
... Mixed-Status Families and Consequences for the Second Generation The effects of legal status on immigrant integration reverberate beyond the individuals who hold these statuses, with consequences beyond the immigrant generation. These effects are particularly felt in mixed-status families where some members are undocumented and some are not (Dreby, 2012; Enriquez, 2015; Rodriguez and Hagan, 2004; Suárez-Orozco et al., 2011; Yoshikawa, 2011)
From page 122...
... children resided with at least one undocumented immigrant parent. The vast majority of these children -- 4.5 million -- were U.S.-born citizens, but 775,000 were estimated to have undocumented status themselves (Passel et al., 2014)
From page 123...
... Parents' undocumented status is associated with lower levels of cognitive development and educational progress across early and middle childhood (Brabeck and Xu, 2010; Ortega et al., 2009; Yoshikawa, 2011)
From page 124...
... . Below the panel discusses ways in which naturalized and LPR statuses potentially aid or impede immigrant integration; we also describe refugee and asylee statuses, both of which have a clear pathway to lawful permanent residence and are the focus of unique integration efforts by the federal government.
From page 125...
... . Citizens enjoy protection from deportation and have full access to social welfare benefits, creating stability and enhancing integration opportunities for both naturalized immigrants and their families (Table 3-1)
From page 126...
... Lawful Permanent Residence LPR status grants indefinite legal residence to foreign-born individuals who have met a set of requirements. An applicant can become an LPR, or receive a "green card" in common parlance, via an assortment of familybased categories, employment-based categories, through diversity visas, or after adjusting from refugee or asylee status (see Figure 3-4, Table 3-2)
From page 127...
... citizenship. LPRs have work authorization, are eligible for some public benefits, and can sponsor their spouses or unmarried children for permanent residence.
From page 128...
... . Figure 3-5 Africa A 9.90 Asia 40.40 Europe E 8.70 Lawful Permanent Resident w North Am merica 31.90 3 Oc ceania 0.50 0 South Am merica 8.20 0 10 20 30 40 550 Percentage FIGURE 3-6  New lawful permanent residents by region of origin, 2013.
From page 129...
... Thus, although lawful permanent residence is a "permanent" status, there are several exceptions today that make this status less permanent than it used to be. In 1996, legislation also significantly limited LPRs' access to benefits (see Chapter 2)
From page 130...
... By contrast, the 1966 Cuban Adjustment Act allows any Cuban national who arrives on U.S. soil to adjust to LPR status after 1 year.
From page 131...
... ORR services include cash assistance, medical evaluations and health care assistance, assistance with accessing social welfare benefits, and assistance finding employment and setting up small businesses. Many of these programs are funded by ORR but run in partnership with states and localities.
From page 132...
... Although refugees and asylees receive the most direct integrative assistance, they face the same potential barriers to integration as immigrants in other legal statuses (Portes and Zhou, 1993)
From page 133...
... The typical H1B visa holder is a college 6 The panel does not offer detailed descriptions of every possible legal status in the immigration system because many categories apply to only a small number of individuals, and there is little to no data about how these legal statuses impact integration. Instead the analysis focuses on the largest and most politically prominent categories, for which data about integration are available.
From page 134...
... But while H-1B visa holders may benefit from potential LPR regularization through an employer, this is not a sure outcome. The long backlogs in the processing of applications and the per-country caps create bottlenecks in applications for lawful permanent residence, even as visa holders face a 6-year restriction on the length of time they can remain in this status.
From page 135...
... FIGURE 3-9  Annual number of admissions with visa type H-1B, temporary workers in specialty occupations, and H2A agricultural workers, 1990-2013. (Note: Data not available for H2A visas in 2005)
From page 136...
... They can also seek LPR status through family-sponsored visas. Foreign students are self-selected for higher education and skills, which are positively correlated with integration.
From page 137...
... . Figure 3-10 Chiina 25 5% All Other rs 41% India 15% South Korea 10% Canada a 4% Saudi Arabia 5% FIGURE 3-11  Countries of origin for international students, 2008-2012.
From page 138...
... And like all immigrants who are not naturalized citizens, they enjoy no "right to remain." There is currently little data on international students' integration, but as their numbers continue to grow, further research on these individuals would provide scholars, policy makers, and colleges and universities with valuable information about how this status interacts with immigrant integration. Temporary Protected Status Temporary Protected Status (TPS)
From page 139...
... citizens can adjust their status to lawful permanent residence (Flores et al.
From page 140...
... , a legislative effort to provide legal status for undocumented persons who were brought to the United States as children and who meet certain educational and other criteria. In June 2012, President Obama announced an Executive action that provided relief from deportation and granted temporary work authorization for undocumented immigrants in this category (see Table 3-2 for details)
From page 141...
... , as it provides temporary relief to a subset of the undocumented population but without a path to lawful permanent residence. The aids and barriers to integration that DACA recipients face are therefore similar to those who hold TPS, although DACA is an even more fragile status because it has no regulatory authorization from Congress, an issue made clear in the recent challenges to President Obama's November 2014 extensions of DACA.
From page 142...
... . Early research therefore suggests that DACA can have a positive impact on immigrant integration.
From page 143...
... UNDOCUMENTED IMMIGRANTS The undocumented category is technically not a "legal" category but is indirectly established by immigration law as it creates categories of admission. As discussed in Chapter 1, the number of undocumented immigrants began to increase after the 1965 amendments to the Immigration and Nationality Act of 1952, which restricted immigration from Latin America.
From page 144...
... . A 2008 survey of low-wage workers in Chicago, Los Angeles, and New York indicated that 31 percent of immigrant workers experienced a violation of minimum-wage laws compared with only 16 percent among native-born workers; among the undocumented the figure was 37 percent compared with 21 percent among those with work authorization (Bernhardt et al., 2009)
From page 145...
... showed that segregation of Hispanics from non-Hispanic white Americans rises as the estimated prevalence of undocumented migrants in the population increases. Undocumented Status and "Crimmigration" Undocumented immigrants are often called "illegal aliens" and many, if not most, Americans believe that it is a crime to reside in the United States as an undocumented immigrant.
From page 146...
... Nevertheless, these detainees were primarily held in facilities designed for people who have committed serious crimes: 70 percent were in state and local prisons, while only 27 percent were in contract detention facilities or service processing centers.15 The significant increase in detentions and deportations of undocumented immigrants has profound effects on these immigrants' ability to integrate, and in many ways that is the intended effect. Yet the number of undocumented immigrants in the United States continued to soar after 15 The remaining 5 percent were in federal prisons or in "soft" detention centers such as medical centers (Kerwin and Lin, 2009)
From page 147...
... Support for President Obama's Executive action on DACA ranged from 41 percent to 54 percent in 2015, depending on how the question was worded.18 Yet support for tougher laws such as Arizona's Support our Law Enforcement and Safe Neighborhoods Act 19 was at 69 percent in 2010. Majorities of both Latino and Asian Americans agree that granting legal status to undocumented immigrants would strengthen the U.S.
From page 148...
... Undocumented status, in particular, presents a formidable barrier to integration and economic progress, a situation exacerbated by criminalization of undocumented status and the unprecedented level of enforcement and deportations since 1996. Conclusion 3-1 Legal status affects immigrant integration.
From page 149...
... Conclusion 3-2 Parents' legal status affects the integration prospects of a significant proportion of the U.S.-born children of immigrant parents. Parents' undocumented status in particular can have negative effects on children's socioeconomic outcomes, cognitive development, and mental health.
From page 150...
... immigrant groups in how parents' status affects their offspring. International Migration Review, 45, 348-385.
From page 151...
... . Paradoxes of family immigration policy: Separa tion, reorganization, and reunification of families under current immigration laws.
From page 152...
... . Becoming DACAmented: Assessing the short-term benefits of DACA (Deferred Action for Childhood Arrivals)
From page 153...
... . Temporary Protected Status in the United States: A Grant of Humanitarian Relief that Is Less than Permanent.
From page 154...
... . The Impact of Temporary Protected Status on Immi grants' Labor Market Outcomes.
From page 155...
... . Opinions of Asian Americans and Pacific Islanders: Federal Immigration Policy.
From page 156...
... . In the Shadows of the Ivory Tower: Undocumented Undergraduates in the Uncertain Era of Immigration Reform.
From page 157...
... . Beyond welfare reform: Reframing undocumented immigrants' entitle ment to health care in the United States.


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