May 26, 2013

       

Arizona’s Attack on Birthright Citizenship

The political right wing – the popular crazies – of the United States is going even crazier. This is nothing new for Arizona, a state with a politically significant immigrant community and also the birthplace of SB-1070. This law has created job losses, intolerance and the most jokes about Arizona since the demise of Congressman Mo Udall, a man who could make funny jokes that everyone could enjoy and only offended politicians. Now the political right wing of the United States wants to change the Fourteenth Amendment of the Constitution of the United States. These sworn defenders of the Constitution don’t like the fact that it grants citizenship to all persons born in the United States.

These same crazies profess to be Christians; perhaps they also intend to change the gospel of Jesus Christ.
“Let the little children come to me, and do not hinder them, for the kingdom of God belongs to such as these.” (Mark 10:13).
Perhaps they want the gospel changed to read “for the kingdom of God belongs to them, but not in the State of Arizona.” Their vision of these children is that they are bad for America and bad for Arizona. These politicians are wrong.

The Fourteenth Amendment says in its apparently offensive language: “All persons born…in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside”. This birthright offends the right wing crazies. They have visions of white Canadians crossing the border by the millions to acquire U.S. citizenship for their children. Oops! Forgive me my Canadian friends, my mistake, the crazies are not worried about white persons entering the United States, they are worried about people of color, Mexicans and Central and South American women with brown skin entering the United States for the purpose of giving birth in the United States.

Of course the crazies know that this giving birth is not a reason for coming to the United States, most people who cross the desert don’t come to give birth in the United States. That’s ridiculous. They come to work. They are hired by Americans in Arizona and every state in the Union to work for low wages as they are hard workers that are seeking the American dream for themselves and their children.

The crazies appear upset because the idea makes them appear as the defenders of “white” America. I say “white” America in quotes because the people that support and vote for these crazies are not only white anglo-saxons. They are supported by people of all colors and national origins that have come to believe that they are equal in “white” America because they have the papers required to live in the United States. Make no mistake, to these crazies even the documented immigrant is not equal, but it makes them feel good to believe that they are equal in the eyes of the crazies. The crazies then get votes and get power to do even crazier things. Remember this is how Hitler came to power, proposing crazy ideas that appealed to enough voters. It was this same attitude that created Nazi Germany. Scary, no?

Daddy’s Little Girl

Sometimes I’m just like my mother.  I can be stubborn and stoic.  I baby talk to dogs, eat sugar-free candy, and always want to do people’s makeup.  I’m definitely Blanca Nora’s daughter.

My beautiful mama -- Blanca Nora Gaxiola-Oakley

But as much as I may take after my mother, there’s no denying I’m daddy’s little girl.  We have the same logical approach, the same sense of service to the community, and the same ethical values.

Growing up, I always looked up to my dad, and was even a little competitive with him.  When he graduated from law school and passed the bar, I was in first grade and decided I was going to be a Supreme Court justice. (Ha!)

Over the years, as I watched and admired my dad I learned some strong lessons about service and family.  Today, those lessons are paying dividends.  As an attorney, my dad was always focused on helping his community.  He didn’t have to come to South Tucson to practice, but he did because he loved this community.

This weekend I had a call from one of my clients asking if he could bring his mom to meet me.  He’s a young man, barely an adult, and his mom is helping him pay for his immigration papers.  The mom has had some bad experiences in trying to get immigration papers prepared before — she’s given money to a fly-by-night shop who took her money then closed before they delivered her papers.  I understand her concerns.  Immigration is a scary process, and putting the fate of you and your family into the hands of a stranger can be particularly scary.

The Senora came to meet me on Saturday, and I laid out my credentials as best I could — my education, my experience, my volunteer work in the community.  I pointed at my framed degrees, my Supreme Court license, etc.  It was not too long before she was at ease and feeling comfortable asking me questions and making plans.  But there was still something –something– holding her back.

Then her son asked me, “Isn’t your dad an attorney? What is his name?” When I told them, the Senora lit up.  It turns out my dad had helped her family a few years back.  Something awful had happened (a child had been shot) and my dad had come in and saved the day (the child wasn’t forcibly deported by the hospital).  Go Dad!

Me, Dad, Xavier, Adrian, and Magda -- My dad and all his kids


The next thing I knew, the Senora told her son to schedule the next available appointment to get her immigration paperwork done.  Some people might take offense at this — the idea that the family is doing their paperwork with me because they trust my dad.  But I don’t.  My dad, Fernando X. Gaxiola, has spent the past thirty years building a reputation in this community as someone you can trust, someone you can turn to, and someone who is here to help the community.  If I can help carry on that family reputation, through QuikHelp, I am more than happy to do so.

I’m daddy’s little girl, and I’m damn proud to be so.  

Love you, Pops.
T

Family Immigration: WTH?

Family Immigration Explained: Part I

Because the US government isn’t what we would call good at explaining, in the coming weeks we at QuikHelp will explain the family immigration system. It’s complicated, confusing, and — to the untrained person — it’s impossible to navigate. But QuikHelp is here to make your life easy. So here we go.

The Petitioner

The US Family Immigration system requires that one person petition for another. That is, someone who is a US citizen or a legal permanent resident has to ask for their family member to be allowed to come here. Who they can petition for varies, but in general a US citizen can immigrate their family members faster than a resident, and can immigrate more family members.

A US citizen can immigrate their:

  • husband or wife
  • fiance(e)
  • children who are under 21
  • parents
  • adult children, married or single
  • brothers and sisters

A permanent resident can immigrate their:

  • husband or wife
  • children who are under 21
  • single adult children

The Preference System and “Immediate Relatives”

Who gets to come in and how long it takes depends on what category the immigrant is in.  The Department of State created Preference Categories to divide up the entire pie of potential immigrants.  For example, the spouse of a resident is in Category 2.  The married adult child of a US citizen is in Category 3.  Each category for each country is assigned a limited number of visa per year.  This means that in some countries, depending on the category, there can be a very long wait for a visa.

However, if you are fortunate enough to be an Immediate Relative, you do not have to wait for a visa.  There is a visa available for you whenever you chose to apply.  Immediate Relatives are certain relatives of US citizens, namely:

  • US citizen’s spouse
  • US citizen’s child who is under 21
  • US citizen’s parent

The complete list of Preference Categories is:

  • 1) Unmarried Sons and Daughters of Citizens
  • 2A) Spouses and Children (under 21) of Permanent Residents
  • 2B) Unmarried Children (21 or over) of Permanent Residents
  • 3) Married Sons and Daughters of Citizens
  • 4):  Brothers and Sisters of Citizens

Knowing what category your family member fits into will help you to determine how long of a wait there is.  The wait is determined by the Visa Bulletin, which is published monthly by the Department of State.  The January 2011 Visa Bulletin is here: http://bit.ly/gSeBLN.

Stay tuned for our post next week, which explains the Visa Bulletin and how you can figure out how long it would take to immigrate a family member. Future posts will explain the consular interview process, adjustment of status, and more!

Post your questions as comments.