Restrictive visa regimes- the legal consciousness of skilled immigrants

• In Event: 40461 - Section on Sociology of Law Roundtables
  In Refereed Roundtable (60 minute): Table 8: Contested Group Boundaries

Abstract

This study explores the legal consciousness of members of an immigrant group in the United States. Legal consciousness is how people understand, experience, and act in relation to law and the study considers law which affects the lives of Asian Indian immigrants aspiring for citizenship. Modern citizenship can be understood in terms of the principle of equality of status. The research explores the landscape of immigration, particularly visa regimes and how immigrant professionals view the law with regard to the path from temporary to permanent citizenship. Legal restrictions that impede access to resources such as jobs or social security re considered. For instance, some visa statuses do not allow dependent spouses to work, impacting family relations and finances. In addition, the stress related to job precarity, frequent layoffs in industry, exploitative experiences in the workplace due to dependence on sponsoring employer and other barriers are covered. A qualitative analysis of 55 semi structured interviews was undertaken of skilled Asian Indian professionals and students, i.e., people of Indian origin who are aspiring or naturalized citizens currently living in the US, but born overseas. These individuals typically enter the United States via temporary work or student visas and navigate terrains of restrictive immigration policy in search of the “American dream.” It illuminates unseen barriers to citizenship status through personal narratives. Perceptions of bureaucracy and rights are discussed. Implications for the future in the global war for talent as migration increases and markets conflict with rights are presented with policy recommendations.

Author

• Reema Sen, Case Western Reserve University