It appears that the
drumbeat is up again, for sure it is becoming louder and louder by the day.
The passage of a “new amnesty” or “temporary visa program”, as this present
government will like to call it, seems imminent.
In what looks like
singing the same song in different tunes, on May 12, 2005,
Senators McCain, Kennedy and Kolbe co-sponsored a new immigration reform bill
titled “The Secure America and Orderly Immigration Act of 2005. The new bill
contains provisions similar to President Bush’s guest workers program but
provides for a pathway to citizenship.
The goal of the bill is
to encourage all undocumented aliens residing in the United States to come
forward to receive the benefit of living legally in the U.S.
and grant the government the opportunity to account for them for security
purposes. The benefit of this sweeping bill will surely be mutual.
With the present
administration firm commitment to securing America against any future acts of
terrorism, the passage of this law or a similar law is just a matter of time.
The government is quite uncomfortable with over eight millions undocumented
aliens roaming the streets of America unaccounted for. The simple solution is
to draw them with immigration benefits and subsequently seal the border.
The Secure America and
Orderly Immigration Act of 2005 will create a six (6) year non-immigrant visa
program called H-5B for the benefit of all undocumented aliens living in the
United States on the date of passage of the law. The requirements are; the
alien must be illegal on the date of passage and the alien must be employed
whether full time, part time, seasonal or self employed on the date of the
passage of the law. The employment requirement could be satisfied conclusively
by submission of federally issued evidence such as tax returns, social
security letter, labor union letter, etc. Evidence of previous employment
could also be used. At least two of the following will suffice; bank records,
business records, sworn affidavits from non-relatives who have direct
knowledge of the aliens’ employment.
Employment requirement
will be waived for aliens who are in school on the date of the passage of the
law. The children and spouse of the alien will also be given the six years
visa. The employment requirement will be waived for any alien who is under 21
years of age on the date of the passage of the law.
All eligible aliens will
be required to pay a filing fee of $1000 and undergo criminal and security
background checks. Aliens with criminal records will not be eligible.
The H-5B visa will be
portable and its recipients will be able to travel abroad with the visas.
Aliens in removal proceedings who are otherwise eligible will be given the
opportunity to apply. Aliens who are in the U.S., who have been ordered
excluded, deported, removed, or ordered to depart voluntarily may
notwithstanding such order apply for adjustment to H-5B status.
The new law provides for
a pathway to permanent resident status. An H-5B holder could adjust his/her
status to “green card” if the alien pays additional $1000 fine, shows proof of
payment of taxes demonstrates the requisite knowledge of English and U.S.
civics, undergo criminal and security background checks, register for military
selective service and completes the employment requirements. The spouse and
children of such alien will also be able to adjust to permanent resident
status.
In a clear move to
eradicate illegal immigration to the United States, the new law also creates
essential workers’ visa program called H-5A. This is a non-immigrant visa
program for unskilled workers. H-5A is similar to H-1B. The only major
difference is that while H-1B is for aliens with specialized skills, H-5A is
for unskilled workers such as security guards, CNA, HHA, homemakers, etc.
The new H-5A is primarily
for aliens presently outside the United States. Such visas will be obtainable
at the U.S. consulates abroad. To obtain this visa, the alien must provide the
consular office with evidence of employment in the U.S., the alien must pass
the criminal and security checks, undergo medical examination and pay $500
application fee. The new H-5A will be valid for 3years and could be extended
for one additional three year period. The alien could travel abroad with the
visa, his/her spouse and children could accompany or follow to join him/her in
the U.S. If an H-5A worker looses his job, he/she must depart the United
States within 45days or secure another job within that period. Any alien who
is inadmissible to the U.S. for certain grounds could be granted waiver upon
the payment of $1,500 as fine.
Please note that the
holder of H-5A could also adjust to become permanent resident alien either
through employment based visa petition or as a self petitioner after
accumulating four years in H-5A status.
This article is for your
information only; it is not a legal advice and should not be substituted for
legal advice which can only be given by an attorney after evaluating your
peculiar situation.
If you are in Maryland and Washington DC area,
I will be participating in an Immigration Seminar in Washington DC
organized by CACWOSEM, Convention 2005 Committee, at 2005 Convention Center
2130 24th Place, N.E Washington, DC 20018 on
Saturday August 20, 2005.
There will be free one on one consultation at the end of the seminar. Please
call (202) 526-2050 for details or direction. Admission is absolutely free.
If you need legal advice
or more information, please visit my website
www.lawyerfamuyide.com or contact
my office. My new and improved website is updated daily with the latest news
on immigration.
My new online and
telephone consultation program for the benefit of my numerous clients outside
New York State has commenced. Simply call my office for appointment. It’s a
New Year with a new approach to service.
Also my office has
introduced credit/debit card payment for the benefit of our clients. We are
opened to serve you better.
Do not forget, my recent
book “Green Card Interview: Dos & Don’ts. The book is available through my
office, my website or at Amazon.com. The keywords at Amazon.com are: “Green
Card Interview.” It’s just $19.99 plus $2 for shipping and handling. It’s
being sold nationwide. You will definitely need it. I also have audio tapes of
latest immigration news and benefits through my office or website. Call for
your copy today. It’s just $10.
Joseph Rotimi Famuyide,
Esq.
2750 Atlantic Avenue,
Suite 100
Brooklyn, New York 11207
718-647-6767
E-mail:
jfamuyide@aol.com
