Congress votes to build a 700-mile fence along the Mexican border-No Immigration Reform!

On September 29, just prior to adjourning to campaign in the mid-term elections, Congress voted to build a 700-mile fence along the border of the U.S. and Mexico. And surprisingly, the Senate voted to approve it! It appears to be a widespread election strategy, to show Congress’ “get-tough” attitude towards illegal immigration.

However, in reality, building a 700-mile fence along a 2000 mile border will do little or nothing to stem the flow of illegal immigrants entering the U.S. Immigrants heading north from Mexico or Central America will continue to flow into the U.S. since 1,300 miles of the border will not have a fence. Previous efforts to curtail illegal immigration by fortifying the border near San Diego, California and El Paso, Texas simply resulted in persons crossing the border into Arizona. This resulted in hundreds of deaths because of failed attempts to cross the border in a desert region, but no decrease in illegal border crossings. Furthermore, a fence will not have any effect upon the 40 percent of illegal immigrants who arrive with temporary visas and "forget" to go home. And the "fence" does not address what to do about the 12 million undocumented workers already present in the U.S. who are providing crucial services to our economy and working in difficult hard-labor jobs that U.S. workers simply will not do.

Let’s keep our fingers crossed that we have a post-election Democratically controlled Congress that wants to deal with the realities of immigration and pass a comprehensive immigration law.

Immigration Questions:

Question:  Good Day Caroly Pedersen, I have an immigration problem that I hope you can help me with. I have been living in the country for aljost 7 years and my driver’s license was issued to me February 2000. It expires today Sept 27th and I have made numerous failed attempts to get it renewed. When I last visited the DMV office they told me that I was unable to obtain a renewed driver’s license because the INS document I presented to them (I130 - my sister, a citizen, filed for me) is dated may 2001, which meant it was too old for them to use, and current laws only allow them to accept documents that's no older than 2 years old.

Given that my I130 case is still pending, and that it takes up to 12 years or so for a relative filing for relative case to complete, is there any way at all that you could help me to get a currently dated notice of action on this I130 case so I could get my license renewed? Or get whichever other documentation to present so I can get this License.

Answer: The DMV officer was correct. Unfortunately, DL's can no longer be renewed using an I-130 older than 2 yrs, I-765 or I-131 receipts. It is a big misconception that once an I-130 is filed for a foreign national in the U.S., that it gives legal status. It does not. Until the priority date becomes current, the I-130 receipt is only good for a one-time Driver’s License, nothing more. No Social Security number, no work permit – NOTHING!  In the category your visa is in, 4th Pref  (see below), there are currently visas available for those with priority dates in 1995. Your priority date is 2000. That means that if no new legalization law is passed, you will have to wait at least another 10 yrs or so to be able to adjust your status. If you are single, you can obtain US residency by marriage to a U.S. citizen, but it must be a real marriage. Contrary to what you may have heard, fake marriages rarely make it through the current rigorous immigration process and can lead to deportation. I wish I could give you a more positive response, but until a new law is passed, this is the current state of immigration affairs.  Good luck!