What can you do now, in case comprehensive immigration reform passes?

I've blogged before about a tentative passage date for comprehensive immigration reform. In that piece, I noted that a few sources have suggested that a Thanksgiving signing date by the President makes sense, given the numerous legislative hurdles facing any new major legislation, and the timing of congressional breaks. Further, the United States Citizenship and Immigration services (USCIS) would need (in my estimation) anywhere from 3-9 months to implement any new regulations and set up policies and procedures for the more than 11 million undocumented immigrants to join a path to citizenship. So in essence, we'd be looking at date sometime in early 2014 for people to apply for immigration reform benefits, assuming it becomes law. So there is a long ways to go.

But for those non-procrastinating individuals who like to get a head-start on any major project, what can you do now in order to take full advantage of any proposed relief by Congress? Well if comprehensive immigration reform is anything like the latest Administration program, Deferred Action for Early Childhood Arrivals ("DACA" or colloquially and mistakenly referred to as the "Dream Act") - the program that allows those who entered the US at young age and are generally in school/have graduated - then the documentary requirements will be quite challenging to meet.

For example, comprehensive immigration proposals from both the Senate and White House, have indicated there will be continuous residency requirements. In other words, you will have to prove that you've lived in the United States for a certain number of years. And no, your word will not be good enough. Applicants will likely have to produce written, credible evidence in the form of bank statements, W2s, rent receipts, school transcripts, mortgage payment receipts, credit card or utility bills, in order to satisfy the continuous residency requirement. While that may be easy for some people, others may have considerable difficulty procuring such documents. And requests for documents, say over 5 years old, may need to be acquired directly from the source, further adding to delays.

Next, comprehensive immigration reform, will in all likelihood, require that applicants not have extensive criminal backgrounds. Felonies will all but sure disqualify applicants from seeking relief under any proposed bill. If a person has a few misdemeanors, then odds are that the USCIS will want to see certified court dispositions (court records) or arrest records. These can take weeks to get and different courts have different procedures for acquiring such documents.

And we can't forget the English language requirement. While measuring one's ability to speak and understand English can take many forms, it will most likely be given as a written test for comprehensive immigration reform purposes. If your English isn't quite up to speed, it would wise to learn English ahead of any potential immigration reform (and, since English is the de facto national language of the United States, even if comprehensive immigration reform does not pass, it won't hurt you or your loved one to pick up some English).

While this list is by no means exhaustive, the aforementioned suggestions, if followed ahead of any immigration reform bill, may help you to be among the "first" of those who are at the "back of the line."  And while the complexity of applying remains unknown, if history has taught us anything with respect to immigration law, it will be tough to navigate and understand the various procedural requirements. Accordingly, it would be wise to seek out professional legal services to assist with what is likely to be a very long, detailed, and confusing application.

Keep in mind the above is for informational and hypothetical purposes only and should not be taken as legal advice. If you need legal advice on an immigration matter, you should speak to an immigration attorney. Please visit www.kpimmigrationlaw.com or call 949-440-3240. To view more of my blog entries, visit http://kpimmigrationlaw.blogspot.com/