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FAQ – Important Immigration Points

 

COMMONLY ASKED QUESTIONS

 

What is this I hear about an Amnesty?

No, No, No, there is NO AMNESTY. Some of the worst cases of fraud perpetrated on and by immigrants have been related to misinformation about Amnesty/Legalization issues. Never sign a document until you know what section of law it is based on. Get a second opinion before you file. A finding of fraud bars you forever. Even if someone you know received an ‘Employment Authorization’ or work card from this type of case it does not mean that the final adjudication will be positive or that the card is real.

 

What are these new laws I keep hearing about?

There are many being bandied about. For the sake of simplification, a general explanation is in order. One was President Bush’s ‘Guest Worker Program’. Another is the ‘Student D.R.E.A.M. Act’; this has been proposed for about the last five years and if it passes it will certainly help millions of young people who came at a very young age and attended school here. In 2007, the White House and Senate agreed on a sweeping Immigration Reform bill, a conglomeration of Z visas, enforcement, Point System and other provisions. (As we all know it did not pass the House). This Bill would have eliminated or reconfigured some Family based categories- so if you’ve been thinking of petitioning extended family, this may be a good time to do so. There will certainly be differing Senate or House versions and compromises of any bills. Until any of these proposed bills go to Committee, are passed by both houses and are signed by the president they are not law. Also, they will all have enforcement and legalization components in varying degrees.

With all of these laws there is a presumption of ‘Good Moral Character’, which means that an applicant should have no criminal record or minor arrests only. There will also be certainly some kind of ‘Affidavit of Support’ requirement. Since none of these have passed yet there is no way to ‘guess’ what the requirements of each law will be. Do not rely on someone’s assumptions that you will qualify for a law before it is passed. Only Congress and the Department of Homeland Security can make any laws and administer them respectively. Again, there is no ‘Ten year law’ or Amnesty of any sort as of this writing.

Keep visiting this site for current updates on new laws and the debate over Immigration Reform

 

I have filed for “Late Amnesty” or some lawsuit and now I want to file an Adjustment. How will this affect me?

Any prior case that you have filed will impact on future ones, especially if you have been fingerprinted. The problem with all of the lawsuits, CSS, Lulac etc., is that there was a lot of misinformation about what they actually were- they were lawsuits, not a ‘Late Amnesty’. The overwhelming majority of people applying for them were not eligible as they were not here a sufficient amount of time.

No matter how often we told people that they would not qualify, some went elsewhere and took the bait anyway and then when their appointment came they could not find their “lawyer” or “notario”. Whenever you sign a document, you are ultimately responsible; so don’t sign unless you know what you are doing- ignorance of the law is no excuse.

 

What is 245i and what does it mean to me?

245i refers to a law that sunsetted on April 30th, 2001. What that means is that if someone came illegally into the country ( Eg: EWI or Entered Without Inspection) such as thru Mexico, Canada or with a fraudulent passport, they cannot obtain a Green Card (Permanent Residence) in the US, even if they marry a Citizen. The only exception is if they have a case filed for them before the sunset of the law on that date; this is called ‘Grandfathering’. There is also a Physical Presence issue involved. This law may be reenacted in the future with a new date and this will benefit many individuals who came illegally and married a USC between 04/30/2001 and today.

 

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