FAQ Articles

THE NEW COMPREHENSIVE IMMIGRATION REFORM BILL

(Thomas J. Stefanski is an experienced immigration law attorney and a member of the law firm of ASK LAW GROUP)

Question: I entered the United States as a tourist in January, 2002, and my visa expired in July 2002. I heard about the new law promoted by President Bush for people that have been here for several years. Can I qualify for permanent residence under this law? When can I apply? Can I get a work permit so I can renew my drivers license now?
Answer: On May 26, 2006, the U.S. Senate passed a comprehensive immigration reform act. This bill contains some very harsh provisions dealing with illegal immigration and illegal employment but it also provides some terrific new provisions permitting increased immigration and increased working visas as well as a provision for earned permanent residence. Despite all the news reports about the pending law and its generous provisions, it must be stressed that this is only a bill that has passed the Senate. This bill must still go to a joint committee of members of both houses of congress to work out a compromise between the Senate bill and the House bill. While the Senate Bill has provisions granting permanent residence and a path to U.S. citizenship, the House bill contains no such provisions and is solely a restrictive law dealing with fines and penalties for illegal immigration. It is far from certain that there can be a compromise between the two proposed laws and it is always possible that both proposed laws go down to defeat. However, the time is now for comprehensive immigration reform as the numbers of illegal aliens continues to grow and the present immigration system appears unable to handle the demand.
Among the provisions of the Senate bill are several very enticing sections that can provide immigration relief to millions of aliens presently in this country as well as for thousands more awaiting entry. For persons who have been in the U.S. for more than five years as of April 5, 2006, the bill provides for an application for six years of work authorization and thereafter permanent residence upon paying a fine of $2000, proving knowledge of English and history and paying back taxes. For persons here more than two years but less than five, an application can be filed for Deferred Mandatory Departure, where a departure from the U.S. must be made and an application to re-enter the country is filed before departing. Certain persons can apply without leaving the U.S. The bill also provides for quicker issuance of permanent residence for those awaiting a family based immigrant visa petition. The proposed law increases the family based immigration quota by 260,000 persons per year to decrease backlogs. Employment based immigrant visa quota is also drastically increased by over 300,000 visas per year to shorten waiting times for those persons seeking to immigrate or adjust status based upon an employer’s petition and a labor certification. For nonimmigrants, the quota for H-1B visas will be increased to 110,00 per year from the present 65,000. This reform is essential as the H-1B quota is grossly inadequate and has already closed this year in just two months. The bill also provides for a quota of 200,000 “essential workers” who can enter the U.S. on this special temporary working visa for up to six years. These temporary essential worker visas are based upon a job offer from an employer in the U.S. who can show a shortage of qualified U.S. workers. Current workers who entered the U.S. after January, 2004, can apply for this essential worker visa but must leave the U.S. to do so. The three and ten year bar for those who are illegal in this country is waived under this essential worker program. The bill also includes provisions from the so called, “Dream Act,” where students who have studied in this country for five years commencing prior to age 16, can apply for lawful status which can eventually be converted into permanent residence.
As you can see, the Senate Bill has some very enticing provisions that would greatly improve our presently overburdened system. Although there is no guarantee that this proposal will eventually become law, or will not be amended before becoming law, there are some things that you can do today to be prepared should the law pass. If you have been here for several years, gather up evidence of your residence in this country, including your taxes, your education, your passport and proof of entry, and proof of birth of children. Also, if you do not yet speak or understand English, now is the time to study or take classes. If you have a relative who is a citizen or immigrant and you qualify for a visa petition, you may wish to consider having one filed to establish the earliest priority date should there be additional immigrant visas added to the quota. The sooner you have a petition filed, the earlier your priority date and the sooner you can obtain permanent residence. The same can be said for labor certifications and employment based petitions. Finally, gather up your personal information such as proof of birth, marriage, divorce, or death of family members and education, so you can be prepared should a path to permanent residence be opened. Hopefully, this year will bring comprehensive immigration reform that will stem the flow of illegal aliens while also providing a path to legal status for this nation’s intending immigrants.
(Thomas Stefanski will answer all questions regarding immigration and naturalization for FREE. Address questions to Thomas J. Stefanski, ASK LAW GROUP, 13949 Ventura Blvd., Ste. 300, Sherman Oaks, California 91423 or e mail TStefanski@kaflaw.com or telephone 818 788-1914.)

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