Dallas Immigration Attorney Guide

Immigration Amnesty Law – Green Card

The last time we had a law that many considered amnesty was in 2000.  On December 21, 2000, President Clinton signed The Legal Immigration and Family Equity Act of 2000 (LIFE Act) into law.  This law, commonly referred to as the LIFE Act or 245(i), allowed certain persons who had an immigrant visa immediately available but entered without inspection (without documents) or otherwise violated their status and thus are ineligible to apply for adjustment of status in the United States, to apply if they pay a $1,000 penalty.

“If a new amnesty law is passed that is the same as the old law, what are the criteria?”

To be eligible under the old amnesty law, you must have been:

1.                  The beneficiary of a Form I-130 immigrant visa petition (”Petition for Alien Relative”), or Form I-140 immigrant visa petition (”Immigrant Petition for Alien Worker”), or Form I-360 ["Petition for an Amerasian Widow(er), or Special Immigrant], or Form I-526 (”Petition for an Alien Entrepreneur”) or

2.                  The beneficiary of an application for labor certification filed with the Department of Labor (DOL) and

3.                  Been physically present in the United States during a certain time frame. 

“Was there a deadline for filing under the old amnesty law?

Yes.  You must have filed during a very short window of opportunity.  All petitions and applications had to be properly filed and approvable when filed.

“Was there a penalty or fine for applying under the amnesty law?”

Yes.  everyone who filed for adjustment of status using Section 245(i) had to pay a $1,000 penalty fee.

“Were there other special requirements?”

One of the main requirements was proving that the applicant was physically present in the U.S. during certain periods of time.  Therefore, in anticipation of a new amnesty law, you should gather documentation to prove your physical presence in the U.S.   Such documentation may include, but is not limited to, State driver’s license; State identification card; hospital record; school transcript; Income tax records; property tax records; religious records; utility bills; rental receipts; bank statements; employment records; etc. 

“Can I travel outside the United States?”

If you are in the country without documentation or otherwise out of status, travelling out of the United States will trigger an unlawful presence bar which would most likely result in denial of any future immigration application.  Under current law, anyone who has been in the U.S. illegally for a year or more and then leaves, is barred from returning for 10 years.

“How can I learn more about the immigration laws?

You may contact our office through www.cundyandmartin.com and add your information to our mailing list to be informed of immigration updates.

Vincent Martin heads the Immigration Law section of Cundy & Martin, LLC, a law office in Bloomington, Minnesota – a suburb of Minneapolis.  Vincent may be reached at www.cundyandmartin.com , vmartin@cundyandmartin.com or (952) 746-4111.

By Thomas J. Joy, Esq.

The national elections in November 2008 will result in a new President.  In addition, all of the seats in the House of Representatives and one-third of the seats in the Senate will be contested.  The focus is understandably on the race for President.  However, the elections in the House of Representatives and the Senate are just as important, if not more so, when considering the controversial issue of immigration.  As a general constitutional principle, neither the President nor the Congress can create new laws on their own.  Each needs the other in order for new laws involving controversial issues to be enacted.   

At first glance on the major immigration issues being debated in the election, Barack Obama, the candidate of the Democratic Party, and John McCain, the candidate of the Republican Party, would seem to agree.  Both support securing the borders of the United States from illegal immigration.  Both support bringing the illegal immigrants already in the United States out of the shadows and into the mainstream.  Both support the implementation of an electronic employment eligibility verification system and enforcement against employers who hire illegal workers.  Both support reform of the immigration system to fill needed jobs in the United States while at the same time protecting the American labor market.  Finally, both support the need to reunite families.   

Upon closer inspection, however, one can clearly see major differences in degree in their positions on the various issues.  Their political party affiliation has a major influence on how serious and committed they can and will be on the issues.  As members of the Senate, both supported the failed comprehensive immigration reform efforts in the recent past.  John McCain, however, has alienated the conservatives within the Republican Party for having co-sponsored a comprehensive immigration reform law with leading Democratic Party liberal Senator Edward Kennedy. 

As a result of the conflict within his own party, John McCain has moved more to a “secure the borders first” position and away from a strong position on comprehensive immigration reform.  On the other hand, Barack Obama, while articulating a strong support for comprehensive immigration reform, must deal with a key group of conservative Democrats who tend to vote with the enforcement oriented Republicans on immigration issues.  At the far end of the Democratic Party spectrum are those few who want to focus only on legalization (otherwise called amnesty by some).  At the far end of the Republican spectrum are those few who want to change the 14th Amendment of the Constitution to deny United States citizenship to children born in the United States to illegal alien parents.   

Meanwhile, there is presently proposed bipartisan legislation pending in Congress to increase the quotas for employment based immigrants and also to provide more immigrant visas in the healthcare industry.  If these proposed laws do not become law this year, they will almost certainly be reintroduced early in 2009 when the new President and Congress take office.   

In summary, we must take a wait and see position concerning how successfully the new President will be able to bring together the different factions in his own party and work together with the other party to structure and pass a comprehensive immigration law.