citizen child, someone who entered EWI is generally barred. Changing this will require Congress to enact serious immigration reform, which last happened almost 40 years ago. citizen or permanent resident immediate relative. Thus, while a person who overstayed may be eligible to be sponsored by their adult U.S.
Immigration law penalizes those who entered EWI by blocking most avenues for obtaining legal status - except in cases involving “extreme hardship” or “exceptional and extremely unusual hardship” to a U.S. Unfortunately, the candidates missed a bigger point: EWI status prevents millions of undocumented people from being able to apply for legal status, even if they have lived in the U.S. The differential treatment of these two groups under existing law cannot be overstated, but also could not be more misunderstood. During the 2020 primary debates for the Democratic presidential nomination, nearly every candidate excoriated Trump’s separation policy, which used “zero tolerance” to prosecute all EWIs for their illegal entries and then used these criminal prosecutions to justify removing children from their EWI parents. without permission, referred to as “entry without inspection” or “EWI.” Overstaying is a mere civil violation, whereas entering without inspection is a federal misdemeanor. The other half of this population enters the U.S. The first group - who make up about half of the undocumented population - enter the country legally, after being “inspected” by an immigration officer, but subsequently fall out of legal status by overstaying their period of authorized stay (“overstays”). Continuing to refer to them as a collective group paints with far too broad a brush, because their lived realities, and potential paths to citizenship, are so vastly different. Our immigration system creates two distinct categories of “undocumented” individuals, or people without legal status in this country: overstays and EWIs.
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