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Thursday, December 17, 2020

US Immigration Laws in Review - Which Law to favor - Which Law went wrong?

 US Immigration Laws in Review- Which Law to favor - Which Law went wrong? 

By Karen Ostlund

(Photo of the largest 16 million-acre Navajo Nation Reservation located in Arizona, New Mexico, and Utah)
The US passport was in the beginning only for the 574 federally American Indians tribes, going to share land of 326 reservations, to free inland of United States.
At that time, the countrymen of each US colony were using their own country passports and their own money to start a business in US.
The collective geographical area of all reservations is 56.2 million acres, the size of Idaho.  
According to the U.S. Census Bureau, todays population of Native American Indians in the United States is 6.79 million, but only 1 million live in reservations.
In 1851, Congress passed the "Indian Appropriations Act" which created the Indian reservation system and provided funds to move American Indian tribes into farming reservations - but they were not allowed to leave the reservations without permission.

                                 
Pens at the Ellis Island Registry Room in 1907, today a museum.{Photo: New York Public Library/Smith Collection/Gado/Getty Images)
After opening in 1892, Ellis Island became known as the gateway to America 62 years, until Nov.1954.
More than 12 million immigrants made their first stop with ships in America at the Ellis Island Immigration Station, 40 percent of Americans can trace their family history back to Ellis Island.

                                                      
Ship arriving to US first stop Ellis Island 1906


US Immigration laws started with:
"The Immigration Act of 1882” which was created to impost a head tax (a small surcharge) on non-citizens of the United States coming to American ports with ships. The 1882 law also restricted certain people to immigrate to America as criminals, the insane, or "any person unable to take care of himself economically”.
If "The Immigration Act of 1882” was used on today, there would be no head tax on plane tickets going to America for US citizens.

Social Security number ( SSN ) started in November 1936 to keep track of the earnings history of U.S. workers for Social Security  benefits. The social security nr. card was seen as a "US workers benefit card", but only for adults with a salary who paid income tax to the US government.
At that time a housewife had to share the husband's Social Security benefits, and a child had to wait to be of legal age to work (14 years), to obtain a Social Security number.
The problem started, when the printing of the Social Security card number moved outside the IRS (Internal revenue service center) to a separate SSN office, and the Tax ID nr and Social Security nr. became two separate numbers, for the same immigrant worker.
Many Social Security cards got stolen the first day sent out, in the mail.

In 1940  "Alien Registration Act" started, to have all non-U.S. citizens workers to register themselves with Form AR-3 at US post offices.
The Form AR-3 was sent to the "Federal Government" at all US post offices and forwarded to "Immigration and Naturalization Services" - which mailed them two weeks later a  "Non-Citizens Alien Registration Receipt Card" called AR-3 Card.
The Alien Registration Receipt Card, had a white box added for a fingerprint at that time.

In 1970  (listed 1950 online) the US post-office Form I-151 replaced the AR-3 Form, and renamed  "AR-3 card" to "Resident-Green card".
It was a receipt-card, (not a benefit-card) of a non-resident worker that found employment in US or started a business with his own money. A parent could register a child as a owner of his business, but the child had to wait until 14 years old to work.
Businesses considered AR-3 the best Resident-Greencard because the registration with AR-3 was for lifetime.
In 1977, the U.S. government discontinued the I-151 and replaced it with the I-551.
Form I-151 and Form I-551 were the government’s internal name for Resident-Greencard. Today 2020, the Form is named I-485.

                                   

Hamburg to America line 1906

In the 1980s,  the B1/B2 VISAS were considered the best VISAS because the bearer could change status inside US - until various dates starting July 1989.

These VISAS were issued to countries without war, and the bearer had to bring travel checks ($3000) to pay rent for 6 months, together with a round-trip ticket.
Before the "VISA Waiver Program” started, the B1 holder could accept an employment while attending a business conference, and the B2 holder could take a part-time job in a store, while traveling as a tourist.
In 1988 there were still signs in store windows "B2 VISA holder wanted for 10-12 hours/week”

In 1990, US Customs at US aeroports informed the holders of Indefinitely Lifetime B2/B1 VISAS issued 1981, were now valid 10 years from their issuance date - but nothing was printed about the change of policies.
The Indefinitely Lifetime B1/B2 VISAS were under the same law as the Idefinitely AR-3 card - and therefor should be still valid today.

"The Immigration Reform and Control Act of 1986" was signed into law by US President Ronald Reagan on November 6, 1986.
The act legalized most undocumented immigrants who had arrived in the country prior to January 1, 1982.
This caused delay for immigrants entering US legally.

After "Immigration Act of 1990", signed by President George H.W. Bush Nov.29 1990, many B1/B2 VISA holders applied for "Conditional Permanent Residency" while paying income-tax with a Tax ID nr.
Most got approved to be issued (in their passport name) a 4 year US State ID at their local DMV office.
The 4 years US state ID was part of the "amnesty law", which explained the bearer should be able to renew it in any state.
Problem occured, when DMVs only renewed the 4 years US State IDs in the same state first issued.
It took years for the SSN offices to give them an appointment and send out the 2 year temporary Resident-Green card.
In 1993 it was reported in New York newspapers that ca 20.000 approved Greencards were still on hold, not yet sent out after  "Immigration Act of 1990".
The delay came after the former US President George H.W. Bush left the office in 1992, without follow-up.
It effected voting-rights of government officials at the federal, state, and local levels - until next Presidential election.

Another delay of documents originated from many staff members of DMVs, US Immigration offices and SSN offices came from Native American Indian heritage,who believed US was still owned by them, and blocked.
(Parallel offices can be set up with new staff, so things go forward)

                           

In 2010 the online policies changed on European consulates websites and the Swedish EU passport changed from 10 to 5 years of validity, caused by Syrian passport holders wrote "residence of Sweden" on their incoming landing cards.

(Updated) Swedish people born in Sweden are since 10 years moving up north, because Syria has discontinued their passport in the Swedish consulates.
Both Swedish police and press have Syrian passports, born in Syria.
An alternative would be print the "Norrland passport" that existed in the 1950s.

A 2nd change of policies were, EU countries needed to show proof of US residency, to renew their own European passports, inside US - and if the proof was expired, they needed to wait for renewal of their US State IDs.

EU countries original policies stated, "only applicants born in your EU passport country can renew their passports inside US, otherwise bring-in spouse or a parent".
The European Union (EU) also had laws that stated, "no-outside country can change their policies and work inside their consulates”.

Mexico had the same policies before the EU countries, which resultet the Mexican consulate gave their country-men a 5 year CID card (Consular ID card) as proof of Mexican citizenship, registered at the Mexican consulate, as living abroad and paying bills in US - by showing a Mexican birth-certificate, a Mexican driver's licence and a US home utility bill (or a US lease agreement or IRS tax return).
The CID card ($26) can also be used as a identification card only, as proof of paying bills in a specific state in US, while waiting for renewal of a passport.
It can be seen a future ID card for a US citizen from another state, driving in Texas with an out-of-state license, for longer than 90 days. After that they are expected to apply for a Texas driver's license.
{Texas CID card with dated car-sticker}

                                 

Today’s 2020 cruise ships,
7 nights Eastbourne England to Brooklyn NY, 9 nights if route starts in Hamburg, Germany to Brooklyn NY.
 

A consulate can be seen as a  "House of Representation",  on-duty to issue passports to their country-men, anywhere in the world.
In an emergency case, the consulates sort up the applicants of passports by race-hair and their parents' birth-country, instead of their birth-town.

Some countries have formed a Council, because they have the same laws and belong to the same race-group.
An example is the Nordic Council. (Iceland, Sweden, Norway, Denmark, Finland, Greenland, Faroe Islands and Aland Islands).
In the 1970s, the Nordic Council's countries shared the same consulate office abroad, to support each other.
They had an agreement, if one country of the Nordic Council was blocked by an outside country, they could issue each other's passports.

In the 1970s, there was a legal case involving a Sioux tribe, where the US Naturalization was controlled and traced to, inside an American Indian reservation.
Therefor many store-owners at Rodeo drive in Beverly Hills, have a messanger arrive with a passport from their own country, to keep personal assets private.