After much anticipation, on January 7, 2004, President Bush announced his administration
immigration reform initiative. It is important to note what this
initiative is NOT AN AMNESTY for those who are residing illegally
in the United States to become Lawful Permanent Residents. (i.e.
Green Card holders)
However, just as important, this initiative does have many positive points which are extremely helpful individuals who 1) reside illegally in the United States or outside the United States; and 2) have job offers in the United States. The critical points are:
A) The individuals participating in the initiative would be required to pay a 1 time fee to register in the program;
B) The initiative would allow individuals, who have job offers, to obtain legal temporary employment status in the United States. The applicant’s spouse and minor (under 21 years of age) children would also be entitled to lawfully reside in the United States;
C) The temporary legal status presently contemplated is 3 years with an opportunity for renewal;
D) The prospective employers offering the employment positions must be unable to fill the perspective position with U.S. workers;
E) While present in the United States, the individuals participating in this initiative would have the right to apply for a Green Card under the existing laws. Therefore, this immigration reform initiative is not a direct route to a Green Card. Rather, it is a vehicle by which otherwise illegal aliens can obtain legal status in the United States and then be able to apply for Green Cards under the immigration laws of this country. Obviously, many individuals who would be eligible to apply for Green Cards under this initiative would not have the right to file such applications otherwise. (i.e. their illegal status would prohibit them from applying for Green Cards.); and,
F) The President is seeking an increase of the yearly amount of Green Cards issued each year, especially employment-based Adjustment of Status applications.
This is the rough outline of the President’s immigration reform initiative. The President left many questions unanswered, such as 1) how can it be determined that an American worker is unavailable for a particular employment position 2) how many years will an alien be able to renew his/her temporary employment status; 3) what will be the registration fee; 4) will an alien be able to travel freely outside the United States while in legal status in this program; and, 5) will an alien be forced to return to his/her home country prior to obtaining a Green Card.
Obviously, President Bush did not want to provide specific information as to the manner in which this initiative will be handled. Rather, he has stated that the White House and the U.S. Congress will together pass a law which is both fair to immigrants’ needs, as well as one that takes into account the significant security issues which we all face.
Yet, one point can not be under-estimated - President Bush’s administration has finally realized that the immigration laws of this country must be changed and that we must make reasonable efforts to embrace and bring among us the over 8 million illegal aliens currently residing in the United States. While no guarantee can be made as to when this initiative will become law, it is clear that prior to the Presidential elections (i.e. November, 2004) a change in the U.S. immigration laws should occur.
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 immigrants.
Robert Popescu, Esq. and Zamir Iosepovici, Esq.
