Comprehensive Immigration Reform on its way?

On January 4, 2007, Senator Harry Reid of Nevada introduced a very short proposal (9 lines long), entitled the "Comprehensive Immigration Reform Act of 2007." This proposal could be what is called a "Placeholder" Bill, which we hope will be replaced in the coming weeks, with a full, comprehensive immigration reform proposal. In other words, this proposal is like a "bookmark," saving a place for when a more detailed immigration reform proposal is eventually introduced into Congress.

This proposal sets forth the "Sense of Congress," or Congress’ intent, stating that the Congress "should pass, and the President should sign, legislation to recognize the heritage of the United States as a nation of immigrants and to amend the Immigration and Nationality Act… to provide for more effective border and employment enforcement, to prevent illegal immigration, and to reform and rationalize avenues for legal immigration." [Emphasis Added]

The last highlighted portion of this "Sense of Congress" looks very promising, because it states that aside from laws dealing with enforcement, Congress and the President should also provide for "avenues for legal immigration" or ways for people to legalize their status. All of us will be eagerly awaiting for the more detailed proposal to be introduced into Congress, and we hope that it provides for ways by which TNTs can be able to legalize their status and achieve their American Dream.

However, I want to caution and emphasize that this is only a proposal. It is not yet a law. This proposal doesn’t even spell out the terms, conditions, requirements, or qualifications for legalizing a person’s status. Unless and until a proposal is actually passed by both the House of Representatives and the Senate, and is also signed by the President, it is only a proposal, and not a law.

In addition, unless and until we know the details of any such law, no one can say for sure, at this time, if you "qualify" for a law that does not yet exist.

I want to also warn and caution you that, in the past, there have been many other "proposals," that never became law. However, people were duped into already "applying" for immigration benefits, based only on a "proposal." I even saw newspaper advertisements by immigration consultants, encouraging people to sign up and "apply" for a proposal, even though it was not yet a law.

My advice is that if and when a comprehensive immigration reform is finally passed by Congress (and signed by the President), you seek the advice of a reputable attorney who can analyze your situation, and advise you whether, based on your circumstances and status, you qualify for any benefits. But unless and until it becomes law, don’t apply for it yet.

* * *

WEBSITE: www.gurfinkel.com

Four offices to serve you:

PHILIPPINES: 894-0258 or 894-0239

LOS ANGELES: (818) 543-5800

SAN FRANCISCO: (415) 538-7800

NEW YORK: (212) 808-0300