The Latest Facts You Need to Know in Immigration Law

America is no melting pot. It's a kaleidoscope!

Nearly 45 million immigrants live in the United States. This means that one in seven American residents is an immigrant and one in eight has an immigrant parent. 

These statistics may suggest that immigration law is lax. In reality, there are numerous restrictions on how immigrants can arrive in the United States. You must understand how the immigration system works before you start your application. 

What has President Biden done to change the system? Is immigration reform possible? What resources are available for applicants, including Ukrainians? 

Answer these questions and you can find the right way to immigrate to the United States. Here is your quick guide.

Biden Has Made Some Minor Reforms

President Biden came into office pledging to reverse Trump's restrictions on immigration. He has initiated a few changes to established immigration procedures. 

Early in his term, Biden lifted restrictions on the number of visas available to immigrants. He signed executive orders to reunite families that have been separated at the American-Mexican border. He also ended the construction of Trump's border wall. 

Biden, however, has failed to make comprehensive changes to the immigration system. He has proposed legislation to give undocumented immigrants in the country a pathway to citizenship. But this legislation has not been passed. 

He has also continued some Trump-era policies. He has kept Title 42 in place, which allows the government to deport migrants based on public health concerns. 

Many Democrats have criticized Biden for his moderate policies. He may receive pressure from progressives and create more comprehensive immigration policies. But for now, he remains a moderate and will not commit to strong reforms.

Ukrainian Refugees Have Options

President Biden has said he wants to welcome Ukrainian refugees with open arms. More than 3.7 million Ukrainians are refugees due to the conflict with Russia.

Many of them have fled to neighboring countries. They want to stay in Europe so they can go home after the conflict. But some want to go to America to pursue opportunities and escape the war. 

Some Ukrainians can receive temporary visas. They will need sponsorship from an American family member or employer. Their visas will allow them to be tourists, students, or business travelers, not full citizens. 

Immigration officials do have parole authority. They can admit foreigners who don't have visas based on humanitarian concerns. Many officials prioritize foreigners with family members in the United States.

Orphans and Ukrainians with disabilities can apply for parole at a consulate. They can work and attend school in the United States, though they cannot apply for permanent residency.

Any Ukrainian can apply for a green card. But the application process is extremely long, with a waitlist lasting years. Anyone interested in a green card needs to go to an immigration expert for assistance.

Mexico does not have visa requirements for Ukrainian citizens. Many Ukrainians are traveling to Mexico and then trying to cross the border into the United States. It is a better idea to apply through a legal channel, as you risk detention and deportation for an illegal crossing.

Bipartisan Immigration Reform May Occur

Biden and Congress are focused on a number of pieces of legislation. Immigration reform is just one issue on their docket, and it's not extremely urgent. 

But some senators have expressed interest in immigration reform. Senators Thom Tillis (R-N.C.) and Dick Durbin (D-Ill.) want to create a group of senators who will write an immigration bill. 

They are in conversation with many immigration advocates. Some advocates have proposed a path to citizenship for young undocumented immigrants. Others want to reform the DACA program and reduce the exploitation of undocumented immigrant workers.

The Senate is evenly divided between Democrats and Republicans. In order for the Senate to pass legislation, it must have a filibuster-proof majority. 60 senators must agree to limit debate and move a bill to a vote. 

This means that both parties must come together to pass a bill. Any immigration bill will likely be limited in scope.

In order for a bill to take effect, it must pass the House and the Senate. The House is more receptive to immigration reform than the Senate. It has passed several pieces of immigration legislation, which have then died in the Senate.

A bill that passes the Senate will likely pass the House. But midterm elections are approaching, so the dynamics may change within a few months.

Immigration Resources Are Available Online

The government is moving more resources for immigrants onto the internet. They are now allowing DACA recipients to renew their status online. 

First-time applicants must send their paperwork in the mail. Yet they can download the forms off the internet and fill them out on their own time.

The Department of State releases a Visa Bulletin every month. The bulletin provides updates on the number of green cards that are available to applicants. If you plan on applying for a green card, you must check the Visa Bulletin first. 

The move toward online resources may make the waitlist for visas and green cards shorter. But you should expect to wait at least a few months to receive word about your application. You should be patient and remain in touch with an immigration lawyer.

Understand the Essentials of Immigration Law

Immigration law is more complicated than you think. President Biden has promised comprehensive reforms, but he hasn't followed through. The system is hard to navigate, even for refugees, and waitlists are very long. 

Ukrainians do have several options to get to America, including through parole authority. Senators are interested in passing legislation, though this may take a few years to occur. You can access resources for your application online. 

But for now, your best approach is to contact an immigration lawyer. Pablo G. Martinez Law Firm serves the Tampa and Miami area. Book a consultation today.