FACT SHEET
Should the current Comprehensive Immigration Reform Bill be passed and signed, approximately 11 million undocumented immigrants will be eligible to apply for Provisional Legal Status. However, advancement along the pathway to citizenship is conditional upon fulfilling the following requirements.
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An Introduction to U.S. Immigration Law
United States immigration law remains in constant flux. This is both a source of confidence and of worry to hopefully immigrants, to green card holders, and to anyone unsure of his or her immigration status, either inside the U.S. or out. While “comprehensive immigration reform” remains a high priority for most federal politicians, when this will come or what shape it will take is anyone’s guess. For now, there are many paths to immigration or travel in the U.S. These are short and long, straight and zig-zagging, and all marked with lettered and numbered sign-posts, confusing even to experts.
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Most visitors to the U.S. come on some form of visa. The first distinction you might make is between immigrant visas and non-immigrant visas. Officially, a person would seek an immigrant visa when intending to make the U.S. his or her permanent home, and a non-immigrant visa when intending to travel or work in the U.S. and maintain a permanent home elsewhere. However, both types of visas could lead to citizenship or at least Lawful Permanent Residency.
For a full list of immigrant and non-immigrant visas, visit:
https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/all-visa-categories.html
You will see that there are dozens of types of visas. There are still other ways to get to the U.S. – and stay here for as long as you’d like – beyond visas. When faced with so many paths (and so many signposts), you’ll want to know which one is best for your aims and your circumstances. It would be nice to talk to someone who’d personally traveled down all those paths – filled out every possible form and tested every possible option. No one in the world fits this bill, of course: once you’re a U.S. citizen, you have that status for life, and would never need to take a second trip to the same (legal) destination.
The closest you can get to that kind of counsel would be to talk with an experienced immigration attorney. If you can find an attorney who knows all the forms and options, who’s tested creative paths to citizenship, who keeps on top of changes to immigration law and policy, and who’s advised hundreds of immigrants on their way to visas, green cards, work permits, and naturalization, you’ll have a much better chance at getting where you want to go. With a trustworthy attorney you’ll have a better chance at avoiding some hurdles, clearing others with ease, keeping down costs, and keeping your family together. After you educate yourself about U.S. immigration generally, talk to an attorney who can help plot out a course for you based on your aspirations and on the particulars of your situation.
REQUIREMENTS FOR LEGAL PERMANENT STATUS:
- Must demonstrate proof of presence in the United States before December 31, 2011
- Must demonstrate proof of continuous residence in the United States since December 31, 2011
- Must demonstrate proof of regular employment during the period of residence in the United States
- Must pay $2000 in fines and pay back taxes
- Must demonstrate proficiency in or learn English
- Must pass criminal background checks
- Must wait for ten years before applying for Legal Permanent Status
REQUIREMENT FOR CITIZENSHIP:
- Must have Legal Permanent Status for a minimum of three years before applying for citizenship
ADDITIONAL IMPORTANT FACTS
- Border security goals, such as the completion of a border fence will have to be met before Provisional Legal Status becomes available
- An electronic exit system will be set up at airports and seaports to track the departure of visa holders
- The backlog for family- and employment-based visas will be eliminated
- Creation of a merit-based visa (education, employment, length of residence in the United States are important criteria)
- Creation of W-visa program for low-skilled workers, with a quota of 20,000-75,000 by year four
- The requirement for employers to use the electronic verification system (E-Verify) over five years
- Requirement for non-citizens to carry biometric work authorization cards
- The quota for H-1B professional visas will be increased from 65,000 to 110,000, with a possible maximum of 180,000
DOCUMENTS REQUIRED:
“CIR”- COMPREHENSIVE IMMIGRATION REFORM
__ A. Photographs– 1.Passport style (4) 2. Social event, with known landmarks (Statue of Liberty, Empire State Building, etc) and visible dates
__ B. Passport– initial entry and I-94 entry document and valid, unexpired passport
__ C. Birth Certificate– copy with translation
__ D. Educational Records– transcripts, diplomas, report cards, GED certificates
__ E. Financial Records– bank, IRS, evidence of money wired out of the U.S.
__ F. Medical Records– hospital, doctor, dentist, clinic
__ G. Evidence of Good Moral Character – Letters or affidavits from Religious Leaders, Church Members, community organizations or schools where served as volunteer.
__ H. Employment last five years– pay stubs, employee I.D., W-2 forms, 1099 forms
__ I. Addresses: Addresses and proof of addresses from date of entry (including copy of lease or mortgages)
IMPORTANT: REMAIN IN CONTACT WITH THE OFFICE FOR ADDITIONAL IMPORTANT DETAILS. Contact The Scheer Immigration Law Group at (973) 532-5330
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