July 27, 2013: The Senate has just passed their version of a comprehensive immigration reform bill. The bill passed the Senate 68-32, which was expected, with all Democrats and 14 Republicans voting for the measure. Backers of the bill were hoping for 70 votes, in order to put some pressure on the House of Representatives, where the bill will head next. House leaders, including Speaker of the House John Boehner, have said the bill will be "dead on arrival". "The House is not going to take up and vote on whatever the Senate passes," Boehner said. Instead House leaders say, they will pass their own version of comprehensive immigration reform in a step-by-step fashion, something Democrats and the President said would be unacceptable.
As the measure now heads over to the House, it's anyone's guess what will happen next. Stay tuned to this blog for updates over the coming weeks. And if you are in need of an immigration attorney, call 949-440-3240 or visit www.kpimmigrationlaw.com.
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Thursday, June 27, 2013
Wednesday, May 29, 2013
Will the House of Representatives "Kill the Bill"?
May 29, 2013. While the Senate's comprehensive immigration bill has moved out of committee and begins the floor debate process, the House of Representatives is still hammering out details of their bill. Senator Majority Leader Harry Reid (D-NV) on Tuesday stated that passing an immigration reform bill would be "pretty easy". But he was likely referring to passage in the Senate with a 55 member Democrat majority. And as most Americans (hopefully) are aware, it takes three to tango in American politics: the House, the Senate, and the President. Just because the Senate may pass their own version of immigration reform by no means assures passage in the House, with Speaker John Boehner (R-OH) warning last Thursday that the Senate bill would not pass in the House. He went on to state that the House would have their own version of immigration reform designed to appeal to conservatives.
The House immigration bill would likely eliminate any proposed "path to citizenship" for the more than 11 million undocumented immigrants in the United States, and that alone would force backers of immigration reform, notably Democrats, against the House bill.
So essentially, it all boils down to this: if the Senate bill passes (with almost a guaranteed provision for a pathway to citizenship), then it's up to Speaker Boehner to convince enough Republicans to vote in favor of it, which, according to current reports, is unlikely to happen. On the flip side, if the House bill is passed and does not, in all likelihood, include a viable pathway to citizenship, then once it reaches the Senate, the bill would essentially be "dead on arrival", with most of the 55 Democrats demanding a path to citizenship be included in any comprehensive immigration reform bill.
People often ask me if comprehensive immigration reform will pass. In my opinion, now, I just don't know. It looked promising a few months back with the "Bipartisan Gang of 8" hammering out their differences, but now it looks like comprehensive immigration reform has a major hurdle to overcome with House Republicans.
If you have questions about this, or any other immigration matter, please visit www.kpimmigrationlaw.com or call 949-440-3240.
The House immigration bill would likely eliminate any proposed "path to citizenship" for the more than 11 million undocumented immigrants in the United States, and that alone would force backers of immigration reform, notably Democrats, against the House bill.
So essentially, it all boils down to this: if the Senate bill passes (with almost a guaranteed provision for a pathway to citizenship), then it's up to Speaker Boehner to convince enough Republicans to vote in favor of it, which, according to current reports, is unlikely to happen. On the flip side, if the House bill is passed and does not, in all likelihood, include a viable pathway to citizenship, then once it reaches the Senate, the bill would essentially be "dead on arrival", with most of the 55 Democrats demanding a path to citizenship be included in any comprehensive immigration reform bill.
People often ask me if comprehensive immigration reform will pass. In my opinion, now, I just don't know. It looked promising a few months back with the "Bipartisan Gang of 8" hammering out their differences, but now it looks like comprehensive immigration reform has a major hurdle to overcome with House Republicans.
If you have questions about this, or any other immigration matter, please visit www.kpimmigrationlaw.com or call 949-440-3240.
Wednesday, May 8, 2013
Amendments to Comprehensive Immigration Reform Could Sink Bill
May 8, 2013. More than 300 amendments to the "Gang of Eight's" bipartisan comprehensive immigration reform bill have been filed ahead of this past Tuesday's deadline. The Senate's Judicial Committee will begin considering and voting on the bill starting this Thursday, May 9. Senator Chuck Grassley (R-IA) led the Senate by proposing 77 amendments to the bill. Not to be outdone, plenty of Democrats also submitted their own amendments too. Some of the proposed changes include Senator Jeff Session's (R-AL) amendment to limit the number of immigrants gaining legal status under the bill and Senator Mike Lee's (R-UT) proposal to significantly increase the number of low-skilled workers allowed into the country on temporary visas.
The sheer number of amendments could possibly derail the fragile compromise reached by the bipartisan "Gang of Eight" in the Senate alone, notwithstanding the uncertain outcome in the House of Representatives (which too has promised a more stricter version of comprehensive immigration reform, but has yet to deliver).
Leading immigration advocates remain hopeful nonetheless that the bill will clear this hurdle, due in part to the "Gang of Eight's" influence in the Senate, public opinion, and pressure from the White House. The Judiciary Committee indeed is comprised of four of the eight senators who crafter the comprehensive immigration reform bill.
And while critics are quick to point the finger at Republicans for potentially derailing immigration reform, it is an amendment from Judiciary Committee Chairman Senator Patrick Leahy (D-VT) that quite possibly has the biggest potential to derail the bill. His proposal seeks to allow same-sex couples to petition for green cards for their foreign partner, much the way straight couples do. Already the Republican members of the "Gang of Eight" have threatened to derail the bill if gay couples are included in the comprehensive immigration reform bill. Said Dick Durbin (D-IL) about the same-sex couples provision "[w]e never discussed that. We never took a vote on it", criticizing his Democrat colleague's proposal.
I've said it quite often on this blog that immigration reform is by no means a certainty. We haven't even dealt with the House yet (perhaps the biggest challenge to immigration reform) and now find the bill in danger in the Senate. How this all plays out, one can only guess. For now though, if you have an immigration matter that requires a lawyer, please visit www.kpimmigrationlaw.com or call 949-440-3240.
The sheer number of amendments could possibly derail the fragile compromise reached by the bipartisan "Gang of Eight" in the Senate alone, notwithstanding the uncertain outcome in the House of Representatives (which too has promised a more stricter version of comprehensive immigration reform, but has yet to deliver).
Leading immigration advocates remain hopeful nonetheless that the bill will clear this hurdle, due in part to the "Gang of Eight's" influence in the Senate, public opinion, and pressure from the White House. The Judiciary Committee indeed is comprised of four of the eight senators who crafter the comprehensive immigration reform bill.
And while critics are quick to point the finger at Republicans for potentially derailing immigration reform, it is an amendment from Judiciary Committee Chairman Senator Patrick Leahy (D-VT) that quite possibly has the biggest potential to derail the bill. His proposal seeks to allow same-sex couples to petition for green cards for their foreign partner, much the way straight couples do. Already the Republican members of the "Gang of Eight" have threatened to derail the bill if gay couples are included in the comprehensive immigration reform bill. Said Dick Durbin (D-IL) about the same-sex couples provision "[w]e never discussed that. We never took a vote on it", criticizing his Democrat colleague's proposal.
I've said it quite often on this blog that immigration reform is by no means a certainty. We haven't even dealt with the House yet (perhaps the biggest challenge to immigration reform) and now find the bill in danger in the Senate. How this all plays out, one can only guess. For now though, if you have an immigration matter that requires a lawyer, please visit www.kpimmigrationlaw.com or call 949-440-3240.
Sunday, April 28, 2013
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/
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/
Tuesday, April 23, 2013
The Boston Bombing's Impact on Comprehensive Immigration Reform
April 23, 2013: Last Monday's bombing of the Boston Marathon was a horrific act that claimed the lives of three people, injured well over 200 more, and disrupted a major US city for well over 3 days. In addition to disrupting the lives of hundreds of thousands of Bostonians, the bombings have cast a dark shadow on proposed comprehensive immigration reform, with some pundits claiming this could derail the whole process. This is due to the fact that the suspected bombers are from Dagestan and of Chechen descent, two very volatile and restive neighboring federal republics in Russia. The suspected bombers came to the US in the early 2000's seeking asylum, which was ultimately granted, with one of the bombers, Dzhokhar Tsarnaev, actually naturalizing into an American citizen. Some lawmakers have claimed that the new proposed comprehensive immigration reform could lead to more security lapses and allow more would-be-terrorists into the country.
On Monday, in committee hearings over the immigration bill, Sen. Patrick Leahy (D-VT) accused opponents of the bill as to trying to exploit the bombings in order to derail comprehensive immigration reform. "Last week, opponents of comprehensive immigration reform began to exploit the Boston Marathon bombing" said Sen. Leahy, adding "I urge restraint in that regard...Let no one be so cruel as to use the heinous attacks of these two young men to derail the dreams and futures of millions of hard-working people."
His accusations were met angrily by Senate Republicans, with Senator Chuck Grassley (R-IA) arguing "I want you to take note of the fact that when you proposed gun legislation, I didn't accuse you of using the killings (referring to the shootings at Sandyhook Elementary School in Connecticut) as an excuse."
I've always believed there was going to be a fierce debate about comprehensive immigration reform, but adding this latest US terrorist attack into the mix, certainly muddies any eventual outcome. Immigration has always been a hot-button issue. From claims by unemployed American workers, to fears of crime, to questioning an immigrant's ability to assimilate and embrace American culture and traditions, there has always been plenty of avenues to oppose liberalizing immigration policies. But to have a major terrorist attack occur on US soil, the very week that Senators introduced a proposed immigration reform bill, is sure to galvanize opponents of comprehensive immigration reform and give them more ammunition to oppose a reformation of US immigration law.
I will continue to blog about the uncertain path to comprehensive immigration reform, along with other important news and developments concerning immigration law. In the meantime, if you have an immigration matter that requires a lawyer's services, please call 949-440-3240 or visit www.kpimmigrationlaw.com.
On Monday, in committee hearings over the immigration bill, Sen. Patrick Leahy (D-VT) accused opponents of the bill as to trying to exploit the bombings in order to derail comprehensive immigration reform. "Last week, opponents of comprehensive immigration reform began to exploit the Boston Marathon bombing" said Sen. Leahy, adding "I urge restraint in that regard...Let no one be so cruel as to use the heinous attacks of these two young men to derail the dreams and futures of millions of hard-working people."
His accusations were met angrily by Senate Republicans, with Senator Chuck Grassley (R-IA) arguing "I want you to take note of the fact that when you proposed gun legislation, I didn't accuse you of using the killings (referring to the shootings at Sandyhook Elementary School in Connecticut) as an excuse."
I've always believed there was going to be a fierce debate about comprehensive immigration reform, but adding this latest US terrorist attack into the mix, certainly muddies any eventual outcome. Immigration has always been a hot-button issue. From claims by unemployed American workers, to fears of crime, to questioning an immigrant's ability to assimilate and embrace American culture and traditions, there has always been plenty of avenues to oppose liberalizing immigration policies. But to have a major terrorist attack occur on US soil, the very week that Senators introduced a proposed immigration reform bill, is sure to galvanize opponents of comprehensive immigration reform and give them more ammunition to oppose a reformation of US immigration law.
I will continue to blog about the uncertain path to comprehensive immigration reform, along with other important news and developments concerning immigration law. In the meantime, if you have an immigration matter that requires a lawyer's services, please call 949-440-3240 or visit www.kpimmigrationlaw.com.
Wednesday, April 17, 2013
BREAKING: SENATE'S GANG OF 8 RELEASES PROPOSED COMPREHENSIVE IMMIGRATION REFORM BILL
April 17, 2013. After months of negotiating, speculation, and closed-room meetings, the Senate's bipartisan "Gang of Eight" released their version of a comprehensive immigration reform bill, clearing the first major hurdle in what is expected to be a long, fragile process. Within moments of release, criticism of the proposed legislation began pouring in from both the left and the right, with certain media outlets reporting that opponents would try to "kill the bill" with "poison pill" amendments or delay tactics.
The 844 page bill, officially known as the "Border Security, Economic Opportunity, and Immigration Modernization Act", addresses four principle areas: 1) Border Security; 2) Legalization and Legal Immigration; 3) Interior Enforcement (Employment Verification); and 4) Substantial Changes to Nonimmigrant Visas (temporary visas such as H1-B visas).
As to the most significant provision in the proposed legislation, border security, the bill would require the Department of Homeland Security to "secure the Southern border" with Mexico before any undocumented immigrant could begin the "path to citizenship". This provision is going to be key in winning over conservative members of Congress and is a two-part requirement: 1) "Persistent surveillance in High Risk Sectors along the Southern Border"; and 2) An Effectiveness Rate of 90% in a fiscal year for all High Risk Sectors along the Southern Border." Essentially, the Secretary of Homeland Security, Janet Napolitano, would have to certify that the border is secure by implementing fencing in high risk areas and placing additional border patrol agents, unmanned aerial surveillance, and electronic detection measures before the more than 11 million undocumented immigrants could begin the process of legalization.
Once the border is secure, those people who arrived in the United States before December 31, 2011 and have no felonies, have not been convicted of 3 or more misdemeanors, and have not unlawfully voted, among other things, could apply to get "Registered Provisional Immigrant Status" (RPI) and begin the 10 year process of becoming a lawful permanent resident, which would in turn then lead to eventual citizenship. In simple terms, the process to become legalized would take, at a minimum, 13 years or more, depending on if and when the Southern border becomes secure.
Other highlights of the bill include increasing the number of H1-B visas (temporary visas for those in specialty occupations, typically those who work in the IT industry) from the current 65,000 figure to 110,000 annually. Also, the bill would eliminate the backlog for employment and family-sponsored immigrant visas, a welcome relief to those who have been waiting upwards of 15 years for a chance to immigrate to the United States. All employers in the United States would also be required to use an enhanced version of the E-Verify system to check for legal status before employing new workers, with agricultural companies being subject to this rule. And last, there would be new visa categories, including a "W-Visa" for low-skilled workers, most likely aimed at farm workers.
This bill is in no way finalized, and the House version would need to be incorporated into a final comprehensive immigration reform bill, before Congress would be able to vote on its passage. There will likely be more obstacles in the weeks and months to follow, stay tuned for further developments. In the meantime, existing immigration laws continue to be enforced. If you or someone you know needs the services of an immigration lawyer, please visit www.kpimmigrationlaw.com or call 949-440-3240 for further assistance.
Wednesday, April 10, 2013
Senate's Comprehensive Immigration Reform Proposal Imminent
According to numerous sources from within Congress and the media, the "Gang of Eight's" comprehensive immigration reform proposal is set to be unveiled this week. According to a report from the "The Hill", sources have stated that the proposal will be released this Thursday, April 11, 2013.
There are conflicting accounts as to exactly how long the path to citizenship would take for the over 11 million undocumented immigrants currently living in the United States. Most news organizations are reporting a 13 year path to citizenship, however other sources, including the Atlantic Wire, say that 20 years is realistic. The Wire's number comes from the fact that in order to begin processing these applications for legal status, the Mexican border would need to be secure. No, not what this administration considers "secure"- "secure" as in stopping 90% of all illegal crossings from the southern border with Mexico, not to mention the tens of thousands of people who "overstay" their nonimmigrant visas.
According to an April 10, 2013 Reuters article, border security would be linked to the path to citizenship and the standards would be set by Congress. At the onset, the Department of Homeland Security (DHS) would be tasked with preventing substantially all illegal border crossings. If, after five years, DHS was unable to meet border security criteria set up by Congress, then a commission would be set up to implement this secure border provision. Border security would be, sorry to use contractual lingo, a "condition precedent" to the path to citizenship. Only when the border was adequately secure, could undocumented immigrants apply for legal status and begin the arduous trek to citizenship.
Comprehensive immigration reform is no doubt linked to national politics. The Republicans fully understand that hey need the Hispanic vote in order to remain viable on a national stage. Strict border provisions have probably been introduced to appeal to the more conservative factions of the party in order to secure the necessary votes needed to ensure passage.
These are exciting times to be an immigration attorney, I for one anxiously await the final, publicly released proposal, and will be sure to write about its provisions when the "Gang of Eight" releases it.
For more information on this and other immigration matters, please visit www.kpimmigrationlaw.com.
There are conflicting accounts as to exactly how long the path to citizenship would take for the over 11 million undocumented immigrants currently living in the United States. Most news organizations are reporting a 13 year path to citizenship, however other sources, including the Atlantic Wire, say that 20 years is realistic. The Wire's number comes from the fact that in order to begin processing these applications for legal status, the Mexican border would need to be secure. No, not what this administration considers "secure"- "secure" as in stopping 90% of all illegal crossings from the southern border with Mexico, not to mention the tens of thousands of people who "overstay" their nonimmigrant visas.
According to an April 10, 2013 Reuters article, border security would be linked to the path to citizenship and the standards would be set by Congress. At the onset, the Department of Homeland Security (DHS) would be tasked with preventing substantially all illegal border crossings. If, after five years, DHS was unable to meet border security criteria set up by Congress, then a commission would be set up to implement this secure border provision. Border security would be, sorry to use contractual lingo, a "condition precedent" to the path to citizenship. Only when the border was adequately secure, could undocumented immigrants apply for legal status and begin the arduous trek to citizenship.
Comprehensive immigration reform is no doubt linked to national politics. The Republicans fully understand that hey need the Hispanic vote in order to remain viable on a national stage. Strict border provisions have probably been introduced to appeal to the more conservative factions of the party in order to secure the necessary votes needed to ensure passage.
These are exciting times to be an immigration attorney, I for one anxiously await the final, publicly released proposal, and will be sure to write about its provisions when the "Gang of Eight" releases it.
For more information on this and other immigration matters, please visit www.kpimmigrationlaw.com.
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