Scenario 5
A district attorney (DA) in the United States is responsible for representing the government in the capacity of prosecutors responsible for presenting cases against groups and individuals suspected of breaking the laws. In this case, directing and initiating further criminal investigations entails the primary mandate of the DA. Besides this, the DA is also responsible for recommending and providing guidance on the sentencing procedure for offenders. As an investigator for the DA’s office, I will be responsible for undertaking all background checks and investigations on individuals suspected of breaking the law. Utilizing the problem-solving process, this paper will solve scenario 5 concerning John who is in the United States illegally.
Problem Definition
Entering the U.S. without necessary approval is illegal and punishable by law. Similarly, staying in the United States without permission, especially after the expiry of the visa contravenes the existing U.S. immigration laws. In this regard, undocumented and illegal immigrants in the United States have very few options that can be triggered to help them become permanent U.S. residents. According to the U.S. immigration laws, an undocumented immigrant can gain permanent U.S. residency with a green card through marriage to a U.S. citizen. Permanent U.S. residency can also be earned through service in the military. A person can also apply to seek for asylum in the United States if they qualify and make the necessary applications within one year of their entry. One can also be given Temporary Protected Status (TPS) upon approval that they are coming from a country experiencing a natural calamity, environmental disaster or civil war. Even though TPS is not based on the green card, it allows one to legally stay in the United States for a maximum of 18 months. During this period, one is eligible to receive a work permit.
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For the case of John, he has been illegally in the United States for ten years to the point where he has been able to raise a family. However, none of the highlighted scenarios can apply to his case considering that out of his four young children, only one is a U.S. born citizen, implying that the other three accompanied John when he illegally came to the United States ten years ago. Therefore, by illegally being in the United States, John will be among those who will be identified to be illegally in the U.S. and is subject to prosecution for contravening the U.S. immigration laws.
Problem Analysis
The highlighted scenario outlining the illegal status of John in the United States shows that he contravened all the existing U.S immigration laws. Given that only one of his four young children is a U.S. born citizen, then it implies that John immigrated to the United States in the company of his wife and three children. By all legal interpretation and perspectives, he is not accommodated in any U.S. immigration law to enable him to gain permanent residence. Given that John is not married to a U.S. citizen, neither had he served in the U.S. military, then he comprises 11.1 million undocumented migrants living in the United States. The only option that could be triggered to help John is if he married a U.S. citizen. However, this is not applicable to his case, implying that he is not eligible for a U.S. green card that can help him be a legal U.S. resident.
Generating Possible Solutions
Having been in the United States for the past ten years, there are very minimal options that can be triggered to salvage John’s situation and prevent him from imminent criminal prosecution and subsequent deportation. One possible solution John can pursue is to marry a U.S. citizen. This implies that John and her wife need to acknowledge the severity of the situation they are facing and explore this option. Even though it will mean parting ways, it is a possible alternative that can be examined to help them avoid being deported or being projected as an illegal undocumented person in the United States. In such a case, John will have to part ways with his wife of ten years. This will allow him to marry a U.S. citizen, a phenomenon that will make him an immediate relative under the existing U.S. immigration laws. Theoretically, an immediate relative is eligible for a U.S. green card upon going through the stipulated application process. A similar approach will also be pursued by John’s wife to prevent her prosecution for being illegal in the United States or even imminent deportation to her native country.
Cancelation of removal is another option that can be triggered to handle John’s situation. In this case, if the responsible immigration authorities arrest John, he can be able to avoid his removal from the United States and subsequently get a green card. However, he will have to prove that he has physically been present in the U.S. for not less than ten years. John will also have to show that during those ten years, he has been a person of good moral character.
Analyzing Solutions
The first proposed solution means that John will have to part ways with his wife to be able to marry a U.S. citizen for him to be eligible for a green card. However, this will come at a much costly price in the sense that it will disintegrate a family John has struggled for the past ten years to raise. Furthermore, parting ways with his wife may cause psychological torture and anguish to his four young children who will end up not enjoying parental love they are used to receiving from their father and mother. Even though at the end John may be able to get the coveted green card, it will be inhuman of him to abandon his for young children and wife whom they have been together over the past ten years.
On the second proposed solution of cancelation removal, John will be able to avoid removal from the United States upon being arrested by the immigration authorities. In this case, he will be required to prove that he has been physically present in the United States for a period of not less than ten years. Similarly, John will also have to prove that he has been a person of good character and morals during the ten years he has been in the United States. Unlike the first solution, pursuing cancellation removal will help John keep his family intact.
Selecting the Best Solution
Cancelation of removal is the best solution that can be triggered to solve John’s case. In this case, he will be able to avoid possible projection and deportation by proving that he has physically been present in the United States for a period of not less than ten years. Furthermore, John will also have to prove that for those ten years he has been in the United States, he has been a person of good character and morals. In the highlighted scenario, it is evident that John has been in the United States for the last ten years. Therefore, this will be a key basis of proving for him to receive a green card and continue living legally in the U.S.
Planning the Next Course of Action
As the investigator for the DA’s office, I will submit my findings to the local sheriff regarding those who are illegally in the United States. I will also submit John’s name to the local sheriff for him to trigger the highlighted solution and be issued with a green card.
Conclusion
Even though John has illegally been living in the U.S., his ten-year physical presence in the country is recognizable by the U.S. immigration laws. Therefore, he will be required to prove this to immigration officials to pave the way for being issued with a green card for legal residence in the United States.
