Popescu, Iosepovici & Associates is pleased to announce to
the Romanian community that on May 25, 2006, the U.S. Senate voted
62 to 36 to pass its version of an immigration reform bill. This
action proves that U.S. Senators have finally realized that our
20th Century immigration laws must meet the needs and realities
of the 21st century.
Of course, the Senate bill must now be negotiated with members of the U.S.
House of Representatives in an attempt to achieve a final compromise bill, that
is acceptable to both Congressional bodies.
The following represents relevant provisions of the U.S. Senate bill:
I. Path to a"Green Card"
| |
Aliens
continuously present in the US on or before April 1, 2001. |
Aliens
continuously present in the US more than two, but less than
five years/ "Deferred Mandatory Departure" |
"Temporary
Guest Worker Program" |
| REQUIREMENTS |
- continuous presence in the US;
- $2,000.00 fine;
- meet English and civics requirements;
- pass background/security checks;
- payment of back taxes owed; |
- continuous presence in the US;
- must leave US within 3 years, but can apply for readmission before departure;
***The departure requirement can be waived for spouses/children,
or if substantial hardship on alien or immediate relative
can be proved.
|
- available to individuals residing outside the U.S.; legally present
in the U.S.; or illegally present in the U.S., as long as entered after
January 2004.
*** must leave the US to apply, but 3 and10
year inadmissability bars to re-enter are waived. |
| BENEFITS |
-
eligible for Work Authorization for a period of 6 years;
- path to eventual permanent legal status ("Green
Card") |
-
eligible for Work Authorization;
- path to eventual permanent legal status ("Green
Card") |
-
eligible for Work with sponsoring employer;
- path to eventual permanent legal status ("Green
Card")
*** employer can apply on alien's behalf;
OR, if alien was employed in this category for a period of
4 years, he can self-petition. |
II. Family and Employment Visa Backlog Relief
A. Family-based visas Backlog
The number of visas available will be increased by 260,000 annually in order
to eliminate the current existing backlog in this category.
B. Employment-based visas Backlog
The number of visas available will be increased by 310,000 annually in order
to eliminate the current existing backlog in this category.
In our opinion, if a comprehensive immigration bill is passed by the U.S. Congress
and signed into law by the President of the United States, it will not be as
"generous" as the above-described Senate bill. Notwithstanding, the
U.S. Senate bill represents a starting point of negotiation for the (hopefully)
final law. The battle ahead appears intense, but is absolutely necessary in
order to achieve the realities of 21st Century American economy and society.
As always, the Law Firm of Popescu, Iosepovici & Associates will keep
you informed of all new developments and changes in this critical area of the
law, which is relevant to so many of the Romanian -American community.
Robert Popescu, Zamir Iosepovici, Madalina Andrei
