Comprehensive Immigration Reform Bill Introduced Into Congress
December 17, 2009
With the joy of the holiday season comes a much anticipated immigration bill that would bestow unparalleled happiness and peace to thousands. Introduced into the House of Representatives on December 15, 2009, by Rep. Luis V. Gutierrez (D-IL), the Comprehensive Immigration Reform for America’s Security and Prosperity (CIR ASAP) Act of 2009 (H.R. 4321) aims to revolutionize the immigration system of the United States.
In addition to addressing the problems related to border security, detention, enforcement, employment verification, and protection to U.S. workers, the CIR ASAP contains provisions aimed at reuniting families and resolving the problems faced by undocumented individuals in the United States. This article is a summary of these visa reforms.
Backlog Reduction and Numerical Limit Reforms to Promote Family Unity and Employee Retention.
Ø Reclassifies spouses and children of permanent residents from the F2a category to the Immediate Relative category, thereby rendering them immediately eligible for permanent residency.
Ø Filipino sons and daughters of World War II veterans would be exempt from the numerical caps, thereby rendering them immediately eligible for permanent residency.
Ø Exempts workers with advanced skills from the numerical caps, thereby rendering them immediately eligible for permanent residency.
Ø Allows the recapture of visas unused in prior fiscal years, as well as the carrying over of unused visas from one fiscal year to the next. This provision, along with the one described above, would increase the number of available visas per year for all other individuals.
Ø Allows nonimmigrant skilled workers who have been petitioned for permanent residency the ability to apply for adjustment of status, and therefore a work permit and advance parole to travel, while waiting for the priority date to become current.
Protection to Families and Children.
Ø Allows immigration judges to decline removing an undocumented parent of a US citizen if removal would not be in the child’s best interest.
Ø Eliminates the requirement that a child must be under 18 to qualify as a step-child.
Ø Applies the Child Status Protection Act to children of US citizen fiancées.
Ø Provides immigration judges with greater authority when deciding whether to cancel removal of an undocumented individual.
Temporary Visa Program to Prevent Unauthorized Migration (PUM Visa).
Ø Establishes 100,000 new temporary PUM visas for 3 years available through a lottery system.
Ø Eligible if not inside US, does not have any family or employment based petition, and has completed less than a 4 year college program.
Ø Individuals granted conditional residency for 3 years, with eligibility to apply for permanent residency after that time.Earned Legalization Program for the Undocumented.
Ø Establishes a new program providing undocumented individuals, and their spouses and children, with conditional nonimmigrant status for 6 years. As such, individuals would have work authorization and travel privileges.
Ø Eligible if present in the US on the date of enactment, and continuously thereafter, and has contributed to the US through employment, education, military service, and/or volunteer service. Must also pay all past taxes, complete criminal and security background checks, fulfill English and civics requirements, and undergo a medical exam.
Ø Waives certain bars related to undocumented status, except criminal and security activities.
Ø Allows for the eventual opportunity to apply for permanent residency and US citizenship.Special Legalization Program for Persons Brought to US Before Age 16.
Ø Provides accelerated permanent residency to individuals brought to the US before age 16, have resided in the US for at least 5 years, and is under age 35 when the law is enacted.
Ø These individuals would be eligible for permanent residency upon graduation from high school, and completion of 2 years of college, military service, or employment, as well as US citizenship 3 years after acquiring permanent residency.
Ø Allows for each state to determine eligibility for in-state tuition.
The introduction of the CIR ASAP in the House of Representatives is indeed much welcome news for those separated from loved ones and those struggling for a sense of normalcy in the United States. The battle for comprehensive immigration reform is now heating up, with the Senate scheduled to take on the matter at the start of the new year. Like with comprehensive health reform, success at reforming the immigration laws is dependent upon individuals voicing their support to their Congressional representatives. In this holiday season, the best gift that anyone can provide to those seeking change in the immigration laws is the active participation of contacting your legislative representative to express support for comprehensive immigration reform.
For further information, please schedule an appointment at Aquino & Aquino, A Professional Law Corporation, 625 Fair Oaks Avenue, Suite 101, South Pasadena, CA, 91030; (626) 799-3089; info@aquinolaw.net.
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