Good News:
Comprehensive Immigration Reform Bill Introduced in Congress
The pendulum of Comprehensive Immigration Reform in Congress is gaining momentum with the Comprehensive Health Care Reform Bill on the verge of passage. The year 2010 might be the year of answered prayer for many immigrants who have been waiting for years to obtain green cards. On December 15, 2009, the bill titled “Comprehensive Immigration Reform for America’s Security and Prosperity Act of 2009 was introduced in Congress. It is widely expected that majority of Republicans will oppose the bill, but some of them who have vouched to support comprehensive immigration reform will have no choice but to support it. To garner the 60 votes necessary for passage in the Senate will not be as difficult as it has been with the healthcare bill. The proposed immigration reform bill if passed will be a gift from heaven for all immigrants. The bill is loaded with “goodies” that could solve all chronic immigration problems of all immigrants. Only seasoned criminals might not be able to find help in the bill. Apart from the various border security and enforcement provisions of the new bill, there are various changes in the bill to the way immigration and immigration related agencies conduct business that will transform the immigration system of the United States. It is a top to bottom overhaul of the entire system will provide enormous economic benefits to this great country. Under this proposed bill, all illegal aliens who entered the United States before December 15, 2009 will be legalized through the issuance of conditional nonimmigrant visa that will be valid for six years. An alien must be able to establish his or her physical presence in the United States through photographs, letters, and government issued identity cards, affidavits, hospital records, tax filings, etc. It will also be required that the illegal alien pay an application fee and a fine of $500. Additionally, such illegal aliens must show that they have made some contributions to the United States through employment, education, military, volunteer or community service. The only exemptions to this requirement are minors, persons with disabilities and the elderly. If you are an immigrant and you need a place to volunteer, please come to my Church on Wednesday at 6:30pm to help distribute food to the needy and log in volunteer time through your service to the people in the Bronx. It appears that the new bill will help some immigrants who are currently stranded in the U.S. because they were ordered deported previously or because they took voluntary departure but did not depart the U.S. The current law is that if an immigrant agrees to voluntary departure before the court and fails to depart; such an immigrant is subject to a 10year ban from all immigration benefits. Immigrants in this category will heave a sigh of relief if this bill is passed into law. Any immigrant with felony conviction or three or more misdemeanors will not benefit from the legalization clause of the proposed law. The gem of the proposed bill is that these illegal aliens will be able to work and travel using the conditional nonimmigrant visas. They will be able to adjust their status to those of permanent resident aliens on or by the expiration of the 6years visa. Additionally under this proposed bill, there will be the much awaited Dream Act. Any alien brought to the United States before the age of 16 will be eligible to obtain the conditional nonimmigrant visa without the payment of a fine. Such an immigrant will be able to adjust their status quicker than others upon the completion of high school education, two years of college, two years of military service, or two years of employment. After obtaining green cards, such aliens will be eligible for naturalization three years afterwards. This juicy immigration reform will not only benefit illegal aliens, it will also enhance family unity. It is now being proposed that spouses and children of permanent resident aliens will not be classified as immediate relatives. Under the current law, spouses and children of permanent resident aliens have a waiting period of about 5years before their priority dates could become ripe for the issuance of permanent resident cards. The waiting period will be removed once the reclassification is done and the spouses and children of such permanent resident aliens will be eligible to obtain their green cards immediately. Under the proposed law, it will be difficult for any immigration judge to deport anyone who has children born in the United States if the lawyer representing the immigrant is able to show to the court that such removal would not be in the best interest of the children. Some of the age long harsh immigration policies of the United States that are less humane will be relaxed to make room for justice with a human face. This new bill is a complete departure from the last Comprehensive Immigration Reform bill introduced in 2007 under President Bush whereby illegal aliens were partitioned into long term illegal, mid term illegal and short term illegal aliens. Under this classification, short term illegal aliens were at a great disadvantage. This newly proposed bill has done away with such a cumbersome process of sorting out who is eligible for what by creating a uniform process for all illegal aliens. Please be advised that this bill is not law yet. It is still important to continue to call your representatives in Congress and encourage them to support the Comprehensive Immigration Reform. Once this bill is passed, USI News will publish a special edition exclusively for the purpose of providing detailed information for the public on the various benefits that could be derived from the new law. This article is for your information only; it must not be substituted for legal advice that can only be provided by your attorney after reviewing your information. If you have any comment regarding this article, please feel free to contact Attorney Famuyide at 718-647-6767 or through email sent to
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. USI News