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Reforma de Inmigración: La Promesa y el Peligro |
Immigration Reform: The Promise and the Danger By Stanley P. Walker On April 16, the U.S. Senate’s “Gang of Eight” finally revealed their proposed overhaul of the broken U.S. immigration system. The bill contains enormous changes including a “path to citizenship” for millions of persons who entered the United States without a visa prior to December 31, 2011 and for those who have been out-of-status since then. Predictably, some anti-immigrant activists are calling this an “amnesty bill” and vowing to oppose it, while others say it does not go far enough and are wary of the bill’s insistence on “border security.” In these early days of debate, it is crucial to remember one important point: Just because a bill is proposed does NOT mean that it will become law. It is entirely possible that the bill will fail, or undergo massive changes before some version passes. The promise of the bill is tremendous. It would allow millions of persons who entered the United States before December 31, 2011, and who do not have serious criminal records, to receive “Registered Provisional Immigrant” (“RPI”) status. Even those who have previously been deported or left the country voluntarily because of deportation proceedings could come back in RPI status if they have certain U.S. citizen relatives here. Persons in RPI status would be able to work legally in the United States and even to travel outside the United States for short periods. After a period of at least 10 years, and assuming that they have kept out of trouble and paid a fine and taxes, RPI’s can receive green cards, and ultimately U.S. citizenship. However, this second phase of obtaining green cards would be tied to mandatory improvements in border security. The path laid out in the bill is long, hard, and expensive, but it is still a great improvement over the current system and provides hope for millions who could not legalize their status under current law. The proposed bill would also shorten wait times for immigrant visas by increasing the number of visas available and increasing the country limits, which would particularly benefit Mexico, China, India and the Philippines. Spouses and minor children of permanent residents would immediately have visas available, whereas the current process takes about 2 ½ years. U.S. citizens would no longer be able to sponsor their brother and sisters, or adult married children over the age of 31. The danger of the current situation is also tremendous. If history is any guide, “notarios” and other unqualified persons will try to cheat immigrants out of their money by promising to help them gain status under the new bill. At best, these efforts are scams; at worst, they could cause persons to take actions that would hurt their immigration chances. DO NOT give money or personal information for immigration assistance to ANYONE who is not a qualified immigration attorney or accredited non-profit representative. DO NOT believe anyone who says that he can get you benefits under the new law before it passes. No new shortcut exists. If and when the law passes, new benefits or pathways to legal residence or citizenship may be available – but not before. If you have any questions about how your case might be affected by the new immigration bill, or you want to know if any changes to the law have been passed, contact a qualified immigration attorney. The American Immigration Lawyers Association (AILA) can help you find an immigration attorney in your area. Simply go to www.aila.org and search by your location under the “Find a Lawyer” tab. In these changing times, getting good advice can make the difference between promise and danger. Stanley P. Walker Southern Star Immigration, P.A. 184 Eglin Parkway, NE Suite 7 Fort Walton Beach, Florida 32548 (850) 226-7092 www.southernstarimmigration.com |
