H-2A visa holders do not have a clear path to LPR or citizenship through employment, are not eligible for most federal programs or state benefits, and have no legal right to remain in the country after their contracts expire. Overall, H-2A workers are encouraged to make their stay temporary and discouraged from putting down roots and integrating. However, many can still settle in the United States. While some may change their status through family ties or other forms of employment with clearer pathways to permanent residence, others may become overstayable “undocumented” if they do not leave the country when their visa (and contract) expires. These visas may therefore be transitional statuses in a way that offers more opportunities or higher barriers to integration, and further research into this status is warranted. In 2013, 5.2 million American children lived with at least one undocumented immigrant parent. The vast majority of these children – 4.5 million – were U.S.-born citizens, but an estimated 775,000 of them have undocumented status themselves (Passel et al., 2014). Children of undocumented parents make up nearly one-third of all children of immigrant parents and about 8 percent of all children born in the United States. Therefore, the legal status of their parents can and will affect the prospects of a significant portion of the second generation born in the United States. Conclusion 3-1 Legal status has an impact on the integration of immigrants. Lawful permanent resident status has a positive effect on integration, but mixed-status families take different forms.
Many include undocumented parents and children born in the United States (or children with different legal status). Mixed-status families also include unauthorized spouses of citizens or LPRs who are excluded from legal status due to the 3- and 10-year prohibitions imposed in the 1996 IIRIRA on immigrants who entered the country without inspection (Migration Policy Institute, 2014). Mixed-status families access these trainings in several ways and have different opportunities to obtain legal status (Suárez-Orozco et al., 2011). In 2013, 779,929 people were naturalized, down from an all-time high of 1,046,539 naturalizations in 2008. In general, however, the number of naturalizations has steadily increased since the 1990s (see Figure 3-2). An LPR who wishes to apply for naturalization may do so after 5 years in LPR status (3 years if married to a U.S. citizen) or after voluntary departure: the departure of a non-U.S. citizen without a deportation order may or may not have preceded a hearing before an immigration judge.
A non-citizen who is allowed to leave voluntarily admits deportation, but has no impediment to being admitted to a port of entry at any time. Failure to leave within the time limit will result in a fine and a 10-year exclusion for various forms of exemption from deportation. Legal status influences immigrants` path to integration in a variety of ways, in a wide range of activities and with varying degrees of intensity. Legal status plays an important role in key areas for integration, such as employment, access to higher education, social services and health care. In addition, the influence of legal status spans several generations, with the undocumented status of the parents particularly influencing the development of the child, even if the children are U.S. citizens. Refugee claimants can apply for permanent resident status (green card) one year after being granted asylum. The asylum seeker`s spouse and children can also apply for a green card if they were admitted to the United States as asylum seekers. H-4 visas are available to spouses and children of H-1B skilled workers. H-4 visa holders` path to citizenship depends on their working spouse or parent, and until recently, H-4 visa holders did not obtain a work permit. Since May 2015, H-4 dependent spouses whose spouses had begun applying for LPR status could apply for a work permit.
Menjívar, C. (2011). The Power of the Law: The Law and Daily Life of Central Americans in Phoenix, Arizona. Latino Studies, 9(4), 377-395. 3 These deficits also inhibit third-generation education, although research has not yet estimated the extent of this punishment because no data has been collected on the migration status of third-generation Mexican-American grandparents. Legal status also determines the type of employment immigrants can obtain and the wages they can earn (Donato et al., 1992, 2008; Donato and Massey, 1993; Donato and Sisk, 2012; Massey and Gelatt, 2010; Calavita, 2005; Flippen, 2014; Phillips and Massey, 1999; Massey et al., 2002; Takei et al., 2009; see also Chapter 6). Immigrants with post-secondary education or even professional degrees who have undocumented qualifications are often concentrated. However, there are significant limitations to DACA`s integration potential. First, this status is limited to undocumented migrants who are under a certain age and who have arrived within a certain time frame. The educational requirement also limits its scope, especially as the undocumented nature poses significant challenges to educational attainment. Early research suggests that undocumented youth who do not meet educational requirements, although refugees and asylum seekers receive the most direct integrative support, face the same potential barriers to integration as immigrants into other legal statuses (Portes and Zhou, 1993). For example, many are Black or Muslim (or both) and may therefore be exposed to discriminatory attitudes and stigmatized for outward manifestations of their faith (McBrien, 2005).
In addition, many refugees and asylum-seekers are fleeing violence and may have been forcibly separated from their homes. “Acute” refugees who flee suddenly with little preparation are likely to have very little material wealth and may have been separated from family members (Kunz, 1973). Acute refugees also tend to have lower levels of education and skills than voluntary migrants (Zhou, 2001). And the settlement of refugees in new gateway cities can strain local resources and create tensions with native-born populations (Singer and Wilson, 2007). Persons who cannot prove their nationality or legal residence to benefit from this training benefit. It is important to note that undocumented children have a constitutional right to K-12 education, regardless of their state of residence, as noted by Plyler v. Doe 457 U.S. 202 (1982).
Parolee: A non-citizen who appears inadmissible to the inspector, who is allowed to enter the United States on urgent humanitarian grounds, or if it is determined that the non-citizen`s entry serves a significant public benefit. Probation is not a formal admission to the United States and confers only temporary status, which requires probation officers to leave the country if the conditions of their parole no longer exist. The United States has a variety of temporary work visas with no clear regulatory pathway to lawful permanent residence. Although users of these visas may adapt their status to other categories and the existence of these categories indicates an economic need for these workers, applicants for these visas are not allowed to provide information. Research in the field of child development shows that the legal status of parents also influences the developmental context of children born in the United States.