Law Offices of Chris M. Ingram

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Comprehensive Immigration Reform (CIR)- Amnesty? *

Comprehensive Immigration Reform - The House Bill

Comprehensive Immigration Reform – The House Bill

We are very keen to stay on top of developments with CIR so we shall be posting any information we can asap. The amnesty element of this Bill will be the most hotly contested and the most eagerly anticipated.  Our discussion on the merits of this Bill will begin with the amnesty.

The Bill’s full title is ‘Comprehensive Immigration Reform for America’s Security and Prosperity Act’ of 2009  (CIR ASAP).

The Bill does not mention the word ‘amnesty’, instead it addresses the plight of undocumented immigrants.

Title IV. Legalizing Undocumented Immigrants

Here are the summary points required to qualify under this Bill: –

* The alien must prove that they have been in the U.S. illegally before December 15th, 2009.

* Must swear an oath / attest to having made contributions to the U.S. through employment, education, military service, or other volunteer/ community service (with exemptions for minors, persons with disabilities, the elderly, or other unusual circumstance).

* Pay an application fee (to be advised) and a $500 fine.

* Not have any convictions for a felony or for three or more misdemeanors.

* Certain immigrants who are in removal proceedings, facing removal, or ordered to depart voluntarily would be able to apply for legalization.

* Use of a false Social Security number will be waived / forgiven.

Comprehensive Immigration Reform CIR ASAP

Comprehensive Immigration Reform CIR ASAP

The Conditional Non – immigration Visa  –  Amnesty Visa

For qualifying undocumented aliens, they will be able to apply for the Conditional Non-immigrant Visa (CNV) and will give them six years of stay in the U.S. While in CNV status they will be able to travel and work for anyone – so in reality it will be like a six-year temporary green card for all practical purposes.

Conditional Non-immigrant Visa to Permanent Green Card

The Bill provides that CNV holders be granted a green card in not less than six years unless existing immigrant backlogs have been cleared before that time.

Comprehensive Immigration Reform ASAP Meets Dream Act Students

The provisions of the earlier Dream Act have been adopted into this new Bill and provides that undocumented individuals who were brought into the U.S. before the age of 16 will be eligible for a CNV, but will not be subject to any fines, and these applicants will be eligible for an accelerated route to green card once they graduate from high school and complete two years of college, military service, or employment.  Furthermore, Dream Act green card holders will be eligible for U.S. citizenship in just three years, rather than the hitherto five-year requirement.

One final point is that the CIR ASAP provides that states will be permitted to decide whether Dream Act CNV holders will be charged in-state tuition rates or not.

 

Conclusion
 
Personally, I’m delighted with the provisions of this Bill regarding the organized legalization of undocumented aliens. The fine is reasonable and I’m pleased to see that aliens who arrived before December 15th 2009 are eligible to apply.  However, I must remind our readers that this is only the very beginning of what could easily be at least a four-month process.  The Republicans will now weigh-in and try to force various amendments into the Bill, some of which will be less favorable than the provisions outlined above.  Continue to review this page for regular updates as the debate gets under way.

 

By Attorney Chris M. Ingram
Immigration Law Offices of Chris M. IngramUS Immigration Law Offices of Chris M. Ingram
Chris M. Ingram LL.M., ESQ – Immigration Attorney
Admitted in New York.
Practice Specializing in US Immigration Law
520 Broadway, Suite 350,
Santa Monica,
California 90401
Tel: 310 496 4292

Everyday the Law Offices of Chris M. Ingram provides a comprehensive range of US Immigration expertise. We also provide a free consultation for our prospective clients.

 

General Location: Santa Clarita, Los Angeles, California, USA.
Serving all 50 States
Copyright 2010

 

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