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Proposed Immigration Reform: General Overview
 WASHINGTON, DC
- Introducing a bill and gaining passage is no easy task. The Congress of the
United States is bicameral and composed of the Senate and the House of
Representatives. The U.S. is composed of 50 states and its territories. Each
state is entitled to two senators regardless of population and serve six-year
terms. Thus, there is a total of 100 Senators. In contrast, the House of
Representatives or House of Reps is made up of 435 representatives from the 50
states. Each Representative represents a different congressional district or
district with “x” amount of citizens. All members are directly elected. Both
houses are equal and each has some unique powers. When Congress is in session,
each house debates on and drafts bills hoping that they will be signed into laws
by the President of the United States. Once a bill is approved by a house it is
sent to the other. Three things can happen: passage, rejection or amendment. If
it passes, then it can be sent to the president. If it is rejected, the
originating house may decide to wait until the next session to introduce an
improved version of the bill. If it is amended, the originating house will have
to approve of those changes. If a bill makes it to the president (many do not
get that far), then there are three possibilities.
The president can sign the bill making it law, veto or reject the bill by
including objections, or take no action where it can automatically become law
after ten days. In the case of a veto this may be overridden by a two-thirds
majority vote in each house. An immigration bill like other bills needs plenty
of support from both houses and the President. If the immigration bill becomes
law, about six months later the Department of Homeland Security would start
registering illegal immigrants who are interested in applying for legal status
in the United States.
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Senator - Ted Kennedy
"The agreement we just reached is the best possible chance we will have in years
to secure our borders, bring millions of people out of the shadows and into the
sunshine of America"
May 17, 2007
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Proposed Immigration Reform: Z Visa (Amnesty)
 WASHINGTON, DC
- Immigrants illegally in the United States would have to register with the
Department of Homeland Security as the first step toward obtaining legal status.
In order to qualify the individual would need to have been present in the U.S.
before January 1, 2007. An application would need to be filled out, and within a
year fingerprints would be taken and a background check conducted. The applicant
would receive interim legal status and become eligible for a Z visa. In
addition, the applicant would be allowed to work in the country legally. Not all
applicants would be eligible due to criminal backgrounds or other information
that may come up during the background check. Before any Z visas would be
issued, the United States would need to satisfy various border security measures
like hiring an additional 18,000 Border Patrol agents, erecting vehicle barriers
and fencing, and increasing the capacity at detaining facilities. It is
estimated that putting such border security measures in place would take a year
and a half. Afterwards, the Z visas would be issued. Applicants would have to
pay a $1,000 fine and $500 state impact fee and possibly up to $1,500 in
processing fees. In addition, they would be required to show they are making an
effort to learn English and successfully pass the background check.
The Z visa would be valid for a period of four years and be renewable. However,
on the second renewal the individual would have to obtain a passing score on the
citizenship test but not be eligible for
citizenship at that time. For those
wanting to become legal permanent residents, additional costs will apply.
Applicants will also have to leave the United States temporarily and head back
to their homeland. Going from a Z visa to legal permanent resident can cost
$4,000 or more with an additional fee of $70 for fingerprinting and $325 for the
permanent resident application. Fees are subject to increase and all back taxes
must be paid. Approximate waiting time to become a permanent resident would be
eight years since applicants will have to wait for the current backlog to clear. |
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Proposed Immigration Reform: Y Visa (Guest Worker Program)
 WASHINGTON, DC
- The temporary guest worker program would grant 400,000 Y visas yearly. The
number of visas could be adjusted based on the labor market. The Y visa could be
renewed three times. Between the visa renewals, the temporary worker must go
home for a one-year period of time. Workers bringing dependents must prove that
they have medical insurance. In addition, workers must prove that their income
is 150% above the poverty level so that the dependents are not a financial
burden to the government. The temporary workers bringing dependents would be
limited to only one visa good for two years and be non-renewable. The Y visa
program would allow foreigners to work in the United States for up two six
years. However, after every two years the participant would have to return to
their homeland and stay there for a year. Participants in the programs will not
be allowed to become legal residents. If they wish to do so, the individual must
apply in their homeland. Such visas would be awarded based on a combination of
factors like job skills, family ties, education, English fluency and the labor
market. In terms of agricultural workers, the U.S. is considering a five-year
pilot program where Z-A visas would be issued.
In order to qualify, the illegal immigrant must have worked a minimum of 150
days in agriculture within two years before December 31, 2006. They may also be
eligible for permanent residency based on if they have worked more than 100 days
in agriculture during a span of five years or a minimum of 150 days in
agriculture during a time span of three years. Like the Z visa program, the Y
visa program would be implemented after introducing certain
border security
measures. |
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Proposed Immigration Reform: Penalties for Employers who hire illegal immigrants
 WASHINGTON, DC
- If the immigration reform is passed, there would also be changes that would
discourage employers from continuing to hire illegal workers. While there are
penalties already in place, these have largely not been enforced and so many
employers have continued to hire illegal workers throughout the years. The U.S.
government has taken a tougher stance and has become more serious about
enforcing the immigration laws. For example, if the immigration bill were to
become law, employers would be mandated to use an electronic system to verify
new workers’ documentation. This new measure would become effective in
approximately 18 months after passage of the bill. In addition, the government
is hoping to set up a system where employers can check images on the documents
of immigrants in order to prevent identity theft. Three years after the
immigration reform becomes law, the employers would be required to check the
documentation of all employees (not just new hires) through the verification
system set up by the Department of Homeland Security. Employers found to hire
illegal workers would be fined up to $5,000 for each employee. If the employer
was found to have repeat offenses, the fines would be more severe. Employers
would possibly pay up to $75,000 per illegal employee and even receive six
months prison time. The current law states that employers can be fined up to
$10,000 per illegal employee. |
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Green Card holders may lose Permanent Resident Status during Extended Trips Abroad
 HOUSTON, TX
- Jose Carraro, a legal permanent resident of the United States, was denied
entry to the U.S. last month. He had previously left to Mexico to visit his
family on an open return ticket from Houston to Mexico City. However, while Jose
was in Mexico City, he had decided to stay longer as his family was building a
new house and his sister expecting a baby. Jose cancelled his initial return
flight and purchased a new one-way ticket 15 months later. Upon entering the
United States he was asked to provide a travel permit allowing him to stay
outside the U.S. for more than one year as a permanent resident without
abandoning his residency. Jose had not applied for and obtained such a permit.
He claimed he was not aware of such a requirement at all. Jose had to return to
Mexico City and apply for a returning resident visa and proof that he never
intended to abandon his U.S. permanent residency by providing tax returns, lease
agreements and university enrollment documents.
IMPORTANT:
Many Green Card holders are not aware of the fact that they can lose their permanent
resident status (Green Card) by staying abroad for long periods at the time. Additionally,
the time spent abroad does count towards the residency requirement for
naturalization purposes.
LEARN MORE:
Download the
Green Card Information Guide for detailed information on how long a Green Card holder can stay outside the country, how to apply for a re-entry permit and how to preserve your residency for naturalization purposes.
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DISCLAIMER:
This newsletter is published by U.S. Immigration Support, an independent organization. U.S. Immigration Support is not affiliated with the United States government. Please review our disclaimer for more information. |
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The U.S. Immigration Newsletter is published by:
U.S. Immigration Support
511 Avenue of the Americas # 45
New York, NY 10011
Web: www.usimmigrationsupport.org
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