Dear Atty. Lou,
I have been following the development on the immigration reform and I am looking forward to its passage soon. I arrived in the United States 12 years ago with a visitor visa and I do not have legal status to this time. After hearing the proposal on immigration reform being debated on, I realized that the legalization would not happen until after 10 to 13 years? Is this true? What are the legal conditions before we can apply for the green cards under the proposed immigration reform?
Marilyn
Dear Marilyn,
Last week when the debate on the Senate immigration reform bill started, hundreds of amendments to the bill were proposed. A number of conservative Republican senators are opposed to several provisions specifically in regards to the legalization of the more than 11 undocumented individuals. In order to manifest their disagreement with the proposed immigration reform, amendments were introduced that are condition precedents before legalization is granted. These are called the legalization triggers, which may cause a delay in the passage of the senate immigration reform bill. Recognizing that these “triggers” will result in delay, a motion to stop debate and accept the trigger amendments was put to vote on Monday, June 24, 2013. The motion was approved and this trigger amendment will be put to vote on whether it will be adopted as part of the immigration reform bill.
The triggers refer mostly to tougher border security relating to the deployment of a comprehensive southern border strategy and completion of the southern border fencing strategy. The five sets of security triggers consist of (1) deployment of additional 20,000 border patrol; (2) building of 700 mile long fence; (3) implementing a mandatory employment verification system or e-verify; (4) implementing an integrated electronic exit system at air and sea ports and (5) no fewer than 38,405 trained full time active duty US Border Patrol agents deployed, stationed and maintained along the Southern Border.
Unless the five set of security triggers are completed, an undocumented individual may not file application for adjustment of status to lawful permanent resident or green card. It is projected that 10 years is needed to effect the triggers. Hence, you probably heard that once the immigration reform is enacted into law, one who has a resident provisional status may not apply for green card until after 10 years. This indeed is a long path towards obtaining immigrant visa status.
There is a self imposed deadline of July 4 to have a final senate vote on the bill. Thereafter, the House of Representatives will have to come out with their version of the immigration reform. In the House level, there may be more amendments considering that some of the Representatives are already voicing their sentiments over the Senate immigration reform bill. While there may be support from majority of the legislators, still there are some conservatives who are committed to kill the bill.
President Obama urges us all to do our part when he spoke last week about this bill. He said: “You need to call and email and tweet your senators and tell them, don’t kick this problem down the road. Come together. Work together. Do your job not only to fix a broken immigration system once and for all, but to leave something better for all the generations to come, to make sure we continue to be a nation of laws and a nation of immigrants. Do the right thing.” Hence, we all need to work hard on seeking support of the passage of this immigration reform bill. You may join the larger movement to help win immigration reform by calling 866-834-8040 or call 202-224-3121 to connect directly to your Senator’s office.
(Atty. Lourdes Tancinco may be reached at law@tancinco.com or at 1 888 930 0808 or 1-800-999-9096)
