Before the wave of Colombians who in recent months have tried to enter irregularly across the southern border into the United States, According to the report of the US Customs and Border Control Office. (CBP for its acronym in English), During 2022, more than 40,000 nationals have been detainedwhich means a growth five times greater than the illegal migration presented throughout 2021, EL TIEMPO consulted the lawyers Nathalie Roa and Lucía Camargo on the subject.
(Read here: Migration to the US: This is how it goes for Colombians who cross ‘El Hueco’)
Migration experts from Hayman-Woodward, a firm specializing in dealing with cases involving mobility between countries, the specialists resolved doubts about the reasons behind the dramatic increase in this figure and what legal options Colombians have to enter the United States. without the need to risk, mainly, their lives.
Why has irregular migration increased so dramatically?
Nathalie Roa (NR): The political situation in Colombia is shaking, because people are very afraid. We have experienced the process in Venezuela very closely and we know the impact it entails. However, many people are not aware of the visas and legal options offered by the US and believe that the best option is to enter through the border, only due to ignorance.
There are different ways to obtain a green card. On the one hand, there is the family process, which occurs when a person has American parents or siblings.
What happens to those who have already entered irregularly?
NR: Entering through the border makes it difficult to request a visa because there is no legal framework. There are many migrants, not only Colombians, who continue an asylum process in detention, trying to show unfounded fear as a reason for leaving their countries. In many cases this ends in deportation.
Lucía Camargo (LC): You also have to keep in mind that many don’t speak English, so they stay in detention without knowing their rights and don’t have the funds to hire a lawyer who can post bail. They are assigned a court-appointed lawyer but, due to the number of detainees, due process cannot be guaranteed.
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Based on this situation, what is your business?
LC: What we do is support global mobility. We help the applicant to make their migration experience as traumatic as possible and done legally. We offer different services to facilitate the incorporation in another country, for example, in financial planning, tax regulation and educational management.
NR: One thing that people don’t know is that the US has over 180 visas available, so we can help clients in this wide range. There are many ways to obtain those visas, mainly through family or professional means.
The “American dream” is, finally, to obtain a green card or a permanent residence…
LC: There are different ways to get a green card. On the one hand, there is the family procedure, which occurs when a person has American parents or siblings. It can also occur between couples who have an established relationship and plan to get married. In these cases, the Government gives a period of 90 days from the entry of the applicant for the marriage to take place. There are also, of course, employment visas, intended for professionals who have at least five years of progressive experience in their field of expertise. In turn, people with exceptional skills in a trade can apply, without the need for a professional degree. The process for permanent residence can start to last from 24 months from your initial application.
(In other news: The Colombian who drowned crossing ‘El Hueco’ into the United States)
There are many people who arrive as tourists or on short visas and decide to stay. What happens in those cases?
NR: The immigration law allows people to enter with a tourist or student visa and can apply for an adjustment of status through another visa, such as the EB-2 (employment-based). The ease with this change is that the process leads to having a work permit and not being a public charge.
LC: In a perfect scenario, the important thing is not to let the tourist visa expire before starting the application, so the person will not have time to spend illegally in the US.
However, many people are afraid of it and do not go to the institutions in a pertinent way…
NR: If you have accumulated illegal time in the US, there are still options to obtain a visa. The Government can grant pardons, so people may still be eligible.
LC: Even so, we must take into consideration that each case is different, so it is necessary to go to the source. Therefore, the faster they seek advice, the less complicated the situation and the process.
Do you recommend, then, having specialized advice for this process?
RN: Totally. Many people arrive in a country without knowing its law. There are so many questions, that it is better to have someone who can answer and clarify doubts.
LC: Sure. We cannot leave such a definitive or transcendental situation to chance.
DIEGO STACEY SALAZAR
INTERNATIONAL WRITING
TIME
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