Excellent essay and I am very flattered that your friend, a renowned expert mentioned my comment positively. I think what this is all leading to is that we need serious comprehensive immigration reform and there is literally zero chance of that happening as things stand with the two parties and the way Congress works (Or doesn't) today.
Excellent. Obviously the author could not give us a complete analysis of U.S. immigration laws in the space allotted. I would love citations or suggested readings. I currently have two sons dealing with USCIS, one for a spousal visa for his wife in Venezuela and one for a fiance visa from the Philippines. Exclusive of the political issues, the spousal process has proven to be much longer than the fiance visa. That seems backwards to me.
In the past I have hired various household cleaners who had business licenses which I assumed meant they were documented. Not so.Some were wonderful, hardworking, pro-American people. Others were not. Otherwise law abiding illegals who have have been here a substantial time and contributed to society should should be granted permanent residency but not citizenship. A fine would be appropriate.
A fine historical lesson. All one needs to do is look at what is occurring in several European countries to conclude that a significant percentage of those seeking access to the USA (or other wealthy, Western nations) -- especially but not exclusively illegally -- are not doing so for any love of what this country stands for, but to take advantage of its generosity at the same time undermining the fundamental values upon which it was founded. History can be a great teacher, but we needn't be wedded to history to the point where we cannot see what is right before our eyes. I'm a very conservative person, politically and by nature, but there have been significant and obvious changes with many who seek to come into this country, so we're forced to adjust to this change. I'm fine with some discretion on deportation enforcement (I'm a retired LEO of 36 years), and the reality is that's always the case. I'm sure it's practiced to some degree in the field already. But as Freedom Lover pointed out: Who makes such calls if this becomes an accepted policy position? If it requires some cooperation from the Dems and the current hysterical Left in general, we will be back to square one, and that's not a good place to be.
"Bill’s implicit acknowledgment in his most recent post that many illegal immigrants are not here because they are willfully indifferent to immigration rules is critical to any serious conversation on this topic."
The question Must Be Asked, they're not willfully indifferent to immigration rules? They're Not?
LPR (lawful permanent resident) is the status that people who come in on immigrant visas receive, i.e., the whole set of criteria described in the principal post. It's not a separate immigration category, and generally the way to obtain it is through an immigrant visa, as described in the principal post.
To be sure if you are already in the United States, you can receive LPR status without technically getting a new visa, but only if you would qualify for an immigrant visa if you were abroad. So the same limitations apply, meaning that you either have to be the spouse or minor child of a U.S. citizen, in which case there is no cap, or you have to qualify for one of the other immigrant visa categories (mostly other relatives or high-skilled employment), in which case your application is also subject to the relevant cap, and in which case there is also almost certainly a multi-year wait for a "visa number" to become available. In broad outline, if you are already in the U.S. on another temporary visa, you can "adjust your status" from temporary visitor or temporary resident to LPR without having to go back to your home country, but only if you are eligible for an immigrant visa and one would be available (i.e. it doesn't get you out from under any appliable cap).
The big exception is asylum seekers, who generally come in without a visa. They can apply for asylum either affirmatively when they come in at a port of entry or defensively if put into deportation proceedings. If their application for asylum is approved, they have a special temporary lawful status, from which they can adjust to lawful permanent resident status one year later without having to fall into any other immigrant visa category. But the criteria for asylum are stringent and because of backlogs, decisions can take a year or longer. no cap on how many people can be granted asylum in a given year. There is no cap on how many people can be granted asylum in a given year.
(This is different from refugees, who are admitted from outside the United States under a refugee visa, and who are subject to a cap set by the President. This year President Trump set that cap at a record low 7,500 although from 1980 to 2025 it has on average been set at around 92,000.)
Very informative
Thank you. This was a labor of love by a person steeped in knowledge about the subject
Excellent essay and I am very flattered that your friend, a renowned expert mentioned my comment positively. I think what this is all leading to is that we need serious comprehensive immigration reform and there is literally zero chance of that happening as things stand with the two parties and the way Congress works (Or doesn't) today.
Excellent. Obviously the author could not give us a complete analysis of U.S. immigration laws in the space allotted. I would love citations or suggested readings. I currently have two sons dealing with USCIS, one for a spousal visa for his wife in Venezuela and one for a fiance visa from the Philippines. Exclusive of the political issues, the spousal process has proven to be much longer than the fiance visa. That seems backwards to me.
In the past I have hired various household cleaners who had business licenses which I assumed meant they were documented. Not so.Some were wonderful, hardworking, pro-American people. Others were not. Otherwise law abiding illegals who have have been here a substantial time and contributed to society should should be granted permanent residency but not citizenship. A fine would be appropriate.
Thanks bill.
The thanks go to you, Richard. Your question opened a door to my thinking more broadly and maturely about the subject.
A fine historical lesson. All one needs to do is look at what is occurring in several European countries to conclude that a significant percentage of those seeking access to the USA (or other wealthy, Western nations) -- especially but not exclusively illegally -- are not doing so for any love of what this country stands for, but to take advantage of its generosity at the same time undermining the fundamental values upon which it was founded. History can be a great teacher, but we needn't be wedded to history to the point where we cannot see what is right before our eyes. I'm a very conservative person, politically and by nature, but there have been significant and obvious changes with many who seek to come into this country, so we're forced to adjust to this change. I'm fine with some discretion on deportation enforcement (I'm a retired LEO of 36 years), and the reality is that's always the case. I'm sure it's practiced to some degree in the field already. But as Freedom Lover pointed out: Who makes such calls if this becomes an accepted policy position? If it requires some cooperation from the Dems and the current hysterical Left in general, we will be back to square one, and that's not a good place to be.
"Bill’s implicit acknowledgment in his most recent post that many illegal immigrants are not here because they are willfully indifferent to immigration rules is critical to any serious conversation on this topic."
The question Must Be Asked, they're not willfully indifferent to immigration rules? They're Not?
What about giving people LPR status? Isn't that about one million a year? That is a path to citizenship.
My expert responds:
LPR (lawful permanent resident) is the status that people who come in on immigrant visas receive, i.e., the whole set of criteria described in the principal post. It's not a separate immigration category, and generally the way to obtain it is through an immigrant visa, as described in the principal post.
To be sure if you are already in the United States, you can receive LPR status without technically getting a new visa, but only if you would qualify for an immigrant visa if you were abroad. So the same limitations apply, meaning that you either have to be the spouse or minor child of a U.S. citizen, in which case there is no cap, or you have to qualify for one of the other immigrant visa categories (mostly other relatives or high-skilled employment), in which case your application is also subject to the relevant cap, and in which case there is also almost certainly a multi-year wait for a "visa number" to become available. In broad outline, if you are already in the U.S. on another temporary visa, you can "adjust your status" from temporary visitor or temporary resident to LPR without having to go back to your home country, but only if you are eligible for an immigrant visa and one would be available (i.e. it doesn't get you out from under any appliable cap).
The big exception is asylum seekers, who generally come in without a visa. They can apply for asylum either affirmatively when they come in at a port of entry or defensively if put into deportation proceedings. If their application for asylum is approved, they have a special temporary lawful status, from which they can adjust to lawful permanent resident status one year later without having to fall into any other immigrant visa category. But the criteria for asylum are stringent and because of backlogs, decisions can take a year or longer. no cap on how many people can be granted asylum in a given year. There is no cap on how many people can be granted asylum in a given year.
(This is different from refugees, who are admitted from outside the United States under a refugee visa, and who are subject to a cap set by the President. This year President Trump set that cap at a record low 7,500 although from 1980 to 2025 it has on average been set at around 92,000.)
Thank you!