In the latest round of good news vis-a-vis legislation in the
area of our country’s immigration laws, Senators Chuck Hagel (R-Neb.)
and Tom Daschle (D-S.D.), have introduced the Immigration Reform
Act of 2004 (“IRA-2004") in the United States Senate. This proposal
goes much further than President Bush’s recently announced immigration
reform initiative from the standpoint of providing illegal residents
of the United States with a direct and clear way in which to obtain
a Green Card in this country.
The plan has 4 key points:
1) Strengthen National Security - The proposed law will identify and fingerprint all illegal aliens who wish to file an application under the Act. Thus, the U.S. government will be in a much better position than it is today in identifying the millions of illegal aliens residing in this country;
2) Fixing the Immigration System - The proposed law seeks to reduce the backlog of family-based visa applications in order to ensure that family members are able to re-unite with their U.S. citizen an lawful permanent residents family members as soon as possible;
3) Economic Stability - The proposed law will provide illegal aliens to obtain jobs that would otherwise go unfilled, through a Willing Worker Program. Essentially, an employer who can demonstrate that no qualified U.S. workers exist for a particular position, would be able to hire an undocumented alien. (The employer must also ensure that the alien would be paid the same salary and enjoy the same working conditions as a U.S. citizen.) This employment position would be renewable and qualified workers and their families would be allowed to apply for Adjustment of Status; and,
4) Opportunity to Adjust Status in the United States - The proposed law would provide undocumented individuals and their family members (i.e. spouse and minor (under the age of 21) and unmarried children) the opportunity to apply for Adjustment of Status under the following conditions:
a) Good Moral Character, including payment of all applicable income tax obligations;
b) Residence in the United States for at least 5 years prior to the law’s enactment;
c) Employment in the U.S. for a minimum of 4 years, at least 1 of which must occur after the law is enacted;
e) Basic knowledge of the English language and American Civics (i.e. History); &
f) Payment of a $1,000 fine, as well as required application fees.
As with President Bush’s immigration reform initiative, this proposed law leaves many questions unanswered. However, it should be clear to all that this proposal is far broader and more generous to those who find themselves residing illegally in the United States. (For example, IRA-2004 provides applicants a direct right to apply for a Green Card, while President Bush’s proposal does not do so.)
As always, the Law Firm of Popescu, Iosepovici & Associates will continue to keep the Romanian-American community appraised on all new developments in all the legal areas crucial to our community.
Robert Popescu, Esq. Zamir Iosepovici, Esq.
