Currently, the Senate is attempting to pass a new immigration reform bill that
would increase border enforcement as well as modify and expand many criminal
definitions codified in the Immigration and Nationality Act.
Amnesty, which is an often misused phrase by the media is not included in the
new bill, however the following provisions may benefit many foreign born individuals
who are currently in the U.S. after either entering the country without inspection or
who have overstayed. The provisions are loosely based on President Bush's Guest
Worker Program and as of today include the following sections:
• Those individuals who have been here and working for more than five years
would be eligible would be eligible to apply for permanent residence and ultimately
Citizenship. Requirements would include a 6-8 year prospective work requirement,
a clean record, English language study, and the payment of fines and all taxes
• The second category of undocumented individuals would be those who
arrived less than five years ago but before January 7, 2004. This group would be
required to pay fines and within three years would be required to leave the country
and reenter in a temporary status. Upon reentry, these individuals would have full
job portability and could apply for permanent resident status after the first category
of undocumented workers completed their processing.
• The final group of undocumented workers, those who entered the U.S. after
January 7, 2004, would be required to leave the country, but would be permitted to
apply for the new temporary worker program, however this new category would be
allocated a limited number of visas each year, which could create a backlog.
We can only hope that this new guest worker or temporary worker program will
benefit the many immigrants contributing valuable services to the United States and
will allow many families and loved ones to remain together.
Isais & Pfeiffer, LLP
445 S. Figueroa St. Suite 2600
Los Angeles, CA 90071
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experienced in immigration law.
Isais & Pfeiffer, LLP
An Immigration and Naturalization Law Firm
New Immigration Legislation
"Dedicated to the
practice of immigration
law and the clients they