WHAT WOULD I DO? COMING TO AMERICA

Having worked in this field now almost 30 years, I’ve always felt that my knowledge and insight about how immigration adjudicators (and the bureaucracy itself) actually think, from an insiders perspective, is of utmost importance and help to our clients.
Although this insider’s view is not technically ‘legal’ in nature, and goes beyond statutes and immigration regulations, that is, the law, it is profound. Over the years, this insight has allowed my firm to succeed where others might fail.

But it is also important for immigration practitioners to know how a foreign national thinks about immigration, even before they arrive or become a client? I’ve found over the years that most intending immigrants do not fully appreciate how illogical our immigration system is; they assume, wrongly, that it is a rational and fair system – that it makes sense. This presumption is a gross mistake. For example, one would never guess that if you marry a permanent resident (a green card holder), one must wait in line, right now for years, before joining one’s spouse here in the United States. Of course, this makes no sense to any rational person. One would naturally ask how is it that the U.S. government sanctions and legitimizes husbands and wives having to live separate and apart? But the law demands it. It makes no sense and dehumanizes in the process. Another anomaly is on the employment side of the equation. An employer under our immigration law must prove that there is no qualifying U.S. applicant for a job offered to a non-citizen. On first glance that makes some sense; but few, if any, would know that an employer must prove to the U.S. Dept. of Labor that there are no even “minimally qualified, able and willing” U.S. applicants. The standard makes no sense because what employer would actually hire a “minimally qualified” individual over a more qualified individual? How would a busines survive doing so? Just as irrational is the fact that once an approved “labor certification” is obtained, certifying the above, an employer must still often wait five years ore more before being able to actually hire the individual. Canada makes it simple and has a ‘skills list’ – a list of occupational categories or skills that the country seeks.

I’ve stated many times that this country’s future, and our ability to compete globally, will either be a product of deflated wages to compete with the low wages of China and India, or, better, we compete with intellectural manpower and innovation. To do that, we must have a rational immigration system. We not only need to attract the best and brightest, but keep those that are here. We also need lots of other good people too. In good economic times we might get away with a period when we shy away from immigrants, but these are not good times. We need all the help we can get.

Yes, ‘aliens’ are often alien to us. But they need to know the rules and that they are welcome. But the rules must be rational and understandable. And I am only speaking of legal immigration here. Our system is outdated and doesn’t serve the U.S. national interest. It’s a maze that is so complex, a labyrinth, that few understand. And those that do, understand it’s a disaster.

Please feel free to email me; I welcome comments. You can do so at: heller@greencard1.com or visit our website: greencard1.com.

Paul M. Heller, Esq.,
Founder of Heller Immigration Law Group,
http://greencard1.com,
Free Attorney Consult:1/800 863-4448.