Am I eligible for amnesty now?

Dear Atty. Gurfinkel:

I’ve been closely following the news, and have been reading about Comprehensive Immigration Reform, but am confused by the various news reports.

I am currently out of status (TNT), and want to know if I can apply now? Am I eligible? What are the requirements? Can I already hire you now, to start handling my paperwork? What are the costs?  What forms do I fill out, and where do I file them?

Very truly yours,

B.N.

Dear B.N.:

While Comprehensive Immigration Reform has been proposed, it is still being debated in the Senate.  It is not yet law, and there is nothing to apply for now. But we hope some form of comprehensive immigration reform will become law, enabling the 11 million people who are in the US but are out of status, to finally come out from the shadows, and legalize their status.

Over the years, there have been many immigration bills introduced in Congress, such as McCain-Kennedy, a proposal by Luis Gutierrez, and the Dream Act to name a few. But, nothing came out of those legislative proposals.

Recently, Republicans have come to realize that if they hope to win future elections, they will need to be more flexible when it comes to immigration reform, and focus not only on enforcement, but also on “benefits,” meaning agreeing to some form of pathway for people to legalize their status.

Right now, the full Senate has begun debating on the new immigration reform proposal which was approved and forwarded by the Senate Judiciary Committee. It is expected that senators will introduce their own amendments and there will be changes, additions or removals throughout the debate. Some Senators are promising a vote on the Senate’s proposal by July 4. If it gets approved, it would then be sent to the House of Representatives for consideration.

In the meantime, the House of Representatives also wants to introduce its own Immigration proposal, which, if introduced, would need to be reconciled with the Senate’s proposal. There could be a “compromise” version that may be acceptable and passed by both the House and the Senate, which may and then be signed by the President.

In addition, the Republican speaker of the House, John Boehner, has stated that he anticipates passage of some form of immigration law by the end of this year. (This is significant because while the Democrats have always been in favor of Comprehensive Immigration Reform, the Republicans were opposed.  For the Republican Speaker of the House to embrace Immigration Reform is encouraging.)

However, unless and until a proposal passes the House and Senate and is then signed by the President, it is not a law, and there is nothing to apply for now. While waiting, you should already be gathering and securing all your immigration-related documents, such as your old passports, entry documents, filings with the USCIS, notices, applications, denials, and the like. This way, when a law is finally passed, you will be ready to go with all your important documents at hand.

In the meantime, our office will continue to keep you informed concerning developments in connection with this very important “breaking news” event. Please visit our website regularly at www.gurfinkel.com or access any of our social media tools for periodic updates or postings.

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