Publications

June, 2007

IMMIGRATION REFORM

Many changes are occurring in the Immigration System. Fees are going up drastically! On average the cost is going to rise 66%! Starting July 30, 2007 the cost for citizenship will increase to $675.00. Permanent residence will rise from $395.00 to $1,010.00. If you are eligible for applications, file them now!

In addition, proposals for general immigration reform will eliminate many family categories. Categories, including brothers and sisters of U.S. citizens, parents of U.S. citizens, and even children over 21 of U.S. citizens and permanent residence are eliminated under the proposal now before the Senate. If you are one of these categories eligible under, we strongly suggest filing NOW to preserve your right should these categories be eliminated!

MORE ON THE PROPOSED IMMIGRATION OVERHAUL

The Senate immigration bill includes a road to citizenship for all the foreign nationals in the country illegally, estimated to be 12 million individuals. However attached to the bill are stringent requirements: a $5,000.00 filing fee and a condition that the principal family member return to his/her country briefly, called “touchback”. In the future, new immigrants will be admissible through a merit point system in the bill being considered that would eliminate petitions for family members as discussed above.

Many of the provisions are harsh. For example, there is also a proposed guest worker program which would not allow the worker to ultimately obtain residence. These individuals will be given a “Y” visa. Other areas are also addressed by the legislation. The Department of Labor and USCIS gives itself greater abilities to examine H and L visas for fraud. H-1B visas will be increased to 115,000 annually from the present cap of 65,000 with a possibility of increasing the cap to 180,000. Employers would have to engage in more bureaucratic hurdles, such as advertising by workers. Employers with more than 50 employees may only hire 50% of its employees on an H-1B visa. Fees would also increase to possibly $5,000.00! Students, however, would be allowed to work for two years instead of just one.

For those in the country illegally on or before January 1, 2007, the USCIS will grant a “Z” status which will allow legalized stay and work in the U.S. and ultimately, in 8 to 13 years, the applicants will gain residence.

No one can yet predict what bill will emerge from Congress. Some Senators have proposed amendments to reclassify spouses and minor children of permanent residents as “immediate relatives” currently in the backlog. This would mean these family members would be immediately eligible and would eliminate the long waiting period that now exists. Again, it is advisable to secure your classification while still available if the law later eliminates such classification. It is also imperative to let your Senator and Representative know your support for fair and humane immigration reform.

If you need help or advise, call us at 212-944-9420.

Our assistance is only a phone call, or e-mail communication away!

New York Immigration Lawyers > Immigration Publications > June 2007