Immigration Reform Law set to be introduced this week

By Richard Kistnen, Esq. –

After weeks of much internal debate and public speculation, the bipartisan group of eight United States Senators are set to introduce a bill that aims to achieve comprehensive immigration reform.  Much of the particulars of the bill, and the negotiation in drafting it, has been accomplished in secrecy.  Over this past weekend, however, members of the group of eight went on a media tour to express that a bill has been completed, and is ready for introduction and (much anticipated) debate.
Though the complete specifics of the proposed legislation will not be known until drafts of the bill are circulated, early leaks have indicated the structure of the bill and some of its components.  The first piece is that illegal immigrants who arrived within the United States on or before December 31, 2011 will have to wait ten years before they can apply for legal permanent resident status.  In that ten years, Congress will provide the Department of Homeland Security at least $3 billion to secure the United States border, strengthen surveillance and apprehension methods.  During these first ten years, moreover, the legislators expect the Immigration and Naturalization Service to expedite and complete processing of legal applicants that have languished in the currently backlogged system.
During the ten year period, illegal immigrants are expected to maintain a continuous physical presence within the United States, continue to work, and maintain moral character.  At the expiration of the ten year waiting period, the illegal immigrant can then apply for legal permanent residence.  In applying for legal permanent residence, the immigrant would have to pay a $2,000.00 fine, of which at least $500.00 must be paid up front.  After another three year waiting period, the legal permanent resident can then apply for full naturalization.
The bill also appears to include provisions to provide a path to citizenship to minors brought illegally to the United States – often referred to as “Dreamers.”  (An executive order issued last year created the Deferred Action for Childhood Arrivals, targeted at a similar demographic, in which successful applicant would be granted time and stay of adverse actions to try and legally apply for status.)
New classes of visas may also be part of the bill.  The visas would be issued to applicants with both high-work skill (for math, science and tech jobs) and low-work skill (mainly agricultural).  Oversight would be given to a new agency to regulate how many visas are issued and to whom.
The bill is the product of weeks-long give and take between legislators.  For those who lean more conservatively, the bill provides that national security must be addressed first before any illegal aliens can apply for legal status.  Additionally, revenues would come from illegals having to report income over the ten year period, as well as from the $2,000.00 fine they must pay.  For those who lean liberally, the bill aims to reduce the tremendous backlog, and to provide a path to citizenship to all that is more accessible.  It is now up to Congress to debate the bill and pass or fail it.  To speak with a lawyer, please call the Law Office of Richard Kistnen, (718) 738-2324.