ILW.COM - the immigration portal Immigration Daily

Home Page

Advanced search

Immigration Daily


Processing times

Immigration forms

Discussion board



Twitter feed

Immigrant Nation


CLE Workshops

Immigration books

Advertise on ILW

VIP Network


Chinese Immig. Daily


Connect to us

Make us Homepage



The leading
immigration law
publisher - over
50000 pages of free

Immigration LLC.

< Back to current issue of Immigration Daily < Back to current issue of Immigrant's Weekly

Editor's Note: The following letter is in response to the letters to the Editor yesterday.

Dear Editor:

While reading Ross Brady's letter to the editor, I decided to comment on one aspect of immigration (legal and illegal) that is overlooked by almost everyone.

I hear the statement "245(i) encourages the flouting of US immigration laws and permits those in violation of the laws to jump ahead of others waiting patiently overseas to legally come to the US" almost every time I hear a discussion about 245(i). This overlooks one glaring fact of life. For most people, it is only by coming illegally (or becoming illegal), that they will ever have the opportunity to become legal residents. The problem is that our immigration system encourages illegal immigration.

Consider some basic facts:
1) Most people need a sponsor to immigrate to the US. The sponsor can be either certain family members, or an employer.
2) Most employment based sponsors are small businesses (I believe there was a GAO study on this point several years ago, 1997 or so).
3) Most employers do not look farther than their local area to find employees. My running joke is "nobody is saying 'we need a cook, let's run an ad in the San Salvador Times'". I would even go so far as to venture that most employers are willing to sponsor those employees they know, they like and don't mind doing a favor to (the same GAO study mentioned earlier said that most employers sponsor people they already know).
4) Getting a tourist visa is difficult, and close to impossible if you say you are coming to look for work (you've shown immigrant intent).

Unless you have family members in the US who can sponsor you, or who can find an employer willing to sponsor you, there is no way to come here legally. Your only option is to come illegally and stay until you "get lucky and find a sponsor". One person coming illegally opens the door for the remainder of the family to come here legally, but without that initial illegal visit, most people will never have a realistic opportunity to come to the United States legally.

When we debate the merits of 245(i) or any other Immigration law provision, let's take reality into account.

Charles D. Yates