When home is neither here nor there
Complicating lives
If the quasi-legal status poses a problem for the government, it also complicates the lives of immigrants.
Juan, 31, a Colombian professional, came to the United States on a work visa in October 2000, employed by a company that laid underwater cables. When the firm shut down six months later, his visa lapsed. But he found a job as a supervisor at a maintenance company, which sponsored him to get permanent residency.
"I thought I could do it in a year. But the reality was different," said the Silver Spring resident, who spoke on the condition that his last name not be used because he is still awaiting legal status.
Because of backlogs, it was only this year that Juan cleared the first hurdle in his quest for permanent residency -- approval of his petition by the state Department of Labor. His application now goes to immigration authorities, where it could face further delays because of annual caps on the number of business-sponsored immigrants. He has entered a special government program that will allow him eventually to get a green card without having to leave the country.
'You feel like a phantom'
The Colombian has worked for four years at the maintenance firm and pays taxes. But until he gains legal status, he can't go home to see his relatives or otherwise travel abroad.
"This is the high price you pay," said Juan, who has two U.S.-born daughters and said he wanted to live in the United States because of the better future it would offer his children. Without a Social Security number, he has struggled to get credit and worries about renewing his driver's license.
"When you're in this situation, you feel like a phantom. You live, but you feel that you don't count," he said.
Not all of the quasi-legal face such problems. Garza, the Guatemalan immigrant, is entitled to a work permit while she waits. Recently, she became eligible to apply to convert to permanent-resident status.
However, she has hit another roadblock: Because her husband bought a landscaping business, his income dipped below the level required of those sponsoring immigrants. So Garza plans to apply next year, after her husband's business expands.
Hundreds of thousands of other quasi-legal immigrants also are allowed work permits and Social Security numbers. But some still feel mired in uncertainty.
That's particularly true of the more than 300,000 immigrants with temporary protected status, or TPS, which is granted to people from certain countries experiencing war or natural disasters.
Immigrants are generally grateful to have TPS because it allows them to work legally. But the program does not lead to permanent residency, and does not allow most recipients to travel abroad. Year after year, many people with TPS have their status extended and they increasingly settle into U.S. lives.
Martin, the former INS attorney, said it is important to ensure that such programs are temporary. Otherwise, he said, policymakers may become reluctant to approve them, even for people from countries in turmoil.
"But the reality is still, the longer someone's here, the harder it is . . . to contemplate an enforcement action that would send them home," he said.
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