Immigration Reform: Changes to Family-Based Immigration

Let us give credit to ILW.com for calling our attention via Twitter (@ilwcom) to this article on thehill.com. The article draws attention to serious concerns about the proposed bill with respect to its impact on uniting families.

Again: there is no bill, and the "Gang of 8" proposal will be modified before (if) it becomes law.

But, here's what's in the proposal regarding Family-Based Immigration. As stated in our first post on the proposed bill, there are positive and negative changes.

Positive:

• elimination of the current F2-A category: immediate relatives of Legal Permanent Residents. Persons in this category will be treated as immediate relatives of US Citizens are today--visas are immediately available.

Negative:

• elimination of the F4 category--siblings of US Citizens
• limits married sons and daughters of US Citizens to persons under age 31

Net:

• There will be two categories of Family-Based Immigration the current F1 (unmarried children of US citizens and their minor children) and a new F2 (the former F2-B,unmarried children of Legal Permanent Residents, and the modifed former F3, married children of US Citizens under age 31)

Those left out by these changes, and others, will be able to "compete" in the new "Merit-Based" system.  The merit system is divided into two tiers, with half of available visas coming from each.

• Tier 1 allocates points for education (advanced degrees are meritorious), employment, entrepreneurship, high-demand occupations, civic involvement, English ability, being a sibling or married child of a US Citizen, and being from a country with fewer current Legal Permanent Residents.
• Tier 2 allocates points for employment experience, special employment criteria, being a caregiver, having an exceptional employment record,  civic involvement, English ability, being a sibling or married child of a US Citizen, age (younger is more meritorious), and being from a country with fewer current Legal Permanent Residents.
• It is not clear why there is overlap between the tiers and between the merit and family-based systems

The issue here is that the bill puts the needs of employers above the needs of families. How this plays out in the legislative process will show what we value.

As an aside, note the terminology regarding visas.  This is not a change, but there is some confusion between visas and green cards. Green Cards are not visas--they are documents certifying that the holder is a Permanent Resident, and are issued by USCIS.  Visas allow an individual to enter and be lawfully present n the US, and are issued by the State Department.  In order to become a Legal Permanent Resident, one first enters the US with an immigrant visa, then applies for Permanent Residence. However, there are several situations in which a person who is already in the US can "adjust status" to Permanent Residence.  In other cases, it is necessary to leave the US, apply for a visa overseas, and then return. The point is that the visa comes first (usually--in any case it is separate), then Permanent Residence (and, going forward, Registered Provisional Immigrant status).

Immigration Reform - First Reaction

The long awaited Comprehensive Immigration Reform proposal has been unveiled in the Senate.  This is not yet a bill. It must go through the Judiciary Committee and go through the floor debate process.  After that, it will have to be reconciled with whatever the House comes up with.

The initial proposal is 844 pages long, so comments herein are not based on a detailed reading of all pages, and are not legal advice.  They are presented here as a foundation for further review.  Read the full text of the bill.

In other words, this is preliminary.  However, we will use this blog to identify and discuss components of proposed legislation throughout the legislative process.  This is the first post, potentially to be followed by  many others on the subject. Since we expect this to be a moving target, we plan to provide updates as needed.

There are four main sections of the proposed bill:

• TITLE I—BORDER SECURITY 
• TITLE II—IMMIGRANT VISAS
  Subtitle A - Registration and Adjustment of Registered Provisional Immigrants
  Subtitle B - Agricultural Worker Program
  Subtitle C - Future Immigration
  Subtitle D - Conrad State 30 and Physician Access
  Subtitle E - Integration
• TITLE III—INTERIOR ENFORCEMENT
  Subtitle A—Employment Verification System
  Subtitle B—Protecting United States Workers
  Subtitle C—Other Provisions
  Subtitle D—Asylum and Refugee Provisions
  Subtitle E—Shortage of Immigration Court Resources for Removal Proceedings
  Subtitle F—Prevention of Trafficking in Persons and Abuses Involving Workers Recruited Abroad
  Subtitle G—Interior Enforcement
• TITLE IV—REFORMS TO NONIMMIGRANT VISA PROGRAMS
  Subtitle A—Employment-based Nonimmigrant Visas
  Subtitle B—H–1B Visa Fraud and Abuse Protections (nonimmigrant, unskilled workers)
  Subtitle C—L Visa Fraud and Abuse Protections (nonimmigrant work  visa, includes family members)
  Subtitle D—Other Nonimmigrant Visas
  Subtitle E—JOLT Act (Jobs Originated through Launching Travel )
  Subtitle F—Reforms to the H–2B Visa Program (nonimmigrant, unskilled workers)
  Subtitle G—W Nonimmigrant Visas (new worker visas)
  Subtitle H—Investing in New Venture, Entrepreneurial Startups, and Technologies

Overall, it appears to have some good provisions.  One concern that we have had all along is partially addressed.  The current backlog of people waiting for immigrant visas in the family preference categories should lessen.  See our post on the subject. The intent of these provisions is positive (e.g., converting the F2A family preference category to Immediate Relatives--see #1 under Future Immigration below). However, both the State Department and USCIS will see increased workloads, and it is not clear that there is funding for additional staff in either department to accommodate this workload.  The result could be moving people from one line into another. (There is funding for additional border protection officers, and there is mention of immigration court improvements--we'll have to see how all this plays out.)

Issues: The main concern is the flow of currently undocumented persons into RPI status. USCIS has its hands full with the current immigration system.

• Will the bill provide for additional funding to accommodate the subset of 11 million undocumented that us eligible for RPI status?
• How long will it take to work through the flood of applications? 
• Will current applications for immigrant visas, Permanent Residency (Green Cards). and Naturalization be delayed due to the increased workload?
• What happens to those waiting for action on family based petitions in categories that are eliminated? Some will be entered into the "merit based" system, but we need to study this part of the proposal further to understand it more fully.
• There is mention of adding 3500 border guards and addressing the shortage of immigration court resources, but we gave not found any discussion of adding resources to USCIS or the State Department (again, they may be there...we need to study it more).

The highlights (as we see them) are discussed below. This discussion focuses on immigration and non-immigrant visa reform, rather than on the border security and interior enforcement provisions.

Currently Undocumented - Registered Provisional Immigrant (RPI) Status

1. Eligibility: Persons who can prove that they were physically present on December 31, 2011, and have maintained continuous presence in the US since then may apply for RPI status. Successful applicants will have no felony convictions (here or abroad) and not more than 2 misdemeanors, not have certain infectious diseases, and be able to prove that they are not of questionable morality (in the judgement of USCIS).
2. Timing: RPI status will be available 6 months after enactment of the bill, and will expire after 6 yrs. RPIs  may apply for Permanent Residency (Green Card) after 10 years, and apply to become Naturalized Citizens 3 years after attaining Permanent Residency.
3. Fees:  Each RPI application carries a $500 fee. Permanent Residency will carry a $1000 fee (we believe that this is an estimate: the current application fee for Permanent Residency is $985 plus $85 for biometrics).  Since RPI status is for 6 years, it must be renewed at least once, so the total fees to attain Permanent residency will be about $2000. After 3 years, the Permanent Resident may apply for citizenship. The current application fee for Naturalization is $595 plus $85 for biometrics.

Currently Undocumented - Agricultural Workers

1. Agricultural Workers: A "Blue Card" will grant lawful presence to currently undocumented agricultural workers who qualify and their spouses and children. To qualify, workers must have worked in agriculture at least 100 days or 575 hours in the last  years, and have no serious criminal history. After 5 years, they may apply for Permanent Residency.

DREAM Act

1. Those who were brought to the US without documentation when they were under age 16, will be able to apply for RPI status, and to apply for Permanent Residency after 5 years. Further, if granted Permanent Residency, their 5 years in RPI status will be considered as Lawful Permanent Residence and therefore the they will  be eligible to apply for Naturalization  immediately after attaining Permanent Residency.
   Requirements for RPI status for DREAMers include passing background checks, graduating from a US high school, attending college, and/or serving for 4 years in the US Military.

Future Immigration

1. Definition of Immediate Relative changed to include spouses and unmarried minor children of Permanent Residents (currently is for immediate relatives of US Citizens only). This eliminates the F2A Catergory
2. Elimination of the F3 category of Family-Based Immigration (married sons and daughters of US Citizens), limits the definition to those 30 years of age and under, an merges it iinto the revised F2 category (which now includes only what used to be F2B--unmarried children over 21 of Permanent Residents)
3. Elimination of the F4 category of Family-Based Immigration (siblings of US Citizens, including their spouses and unmarried minor children)
4. A new "merit-based" immigrant visa that considers education, skills, experience, and other factors (up to 250,000 per year)
5. Change in the distribution of immigration from 15% employment based/85% family based to somewhere closer to 50/50
6. No limit for workers of extraordinary ability, new category for persons who immigrate to start a business

Future Non-Immigrant Worker Visas

1. Increase of H-1B visas ("Specialty Occupations") from 65,000 possibly to 180,000
2. New W visa for unskilled workers (20,000, increasing to perhaps 200,000), which will include a new 3-year visa for agricultural workers (133,000 per year), family members ineligible to accompany 

Sources: abcnews.com, cnn.com, usatoday.com, thehill.com, full text of bill

Citizenship Ceremony in Hyannis, April 11, 2013

25 new US Citizens were sworn in at the JFK Museum in Hyannis yesterday. This was the first Naturalization Oath Ceremony held on Cape Cod.

The special, moving ceremony, with The Honorable Robert Rufo (Massachusetts Superior Court) presiding, included:

• a Color Guard from the Barnstable County Sheriff's Department
• the National Anthem and "God Bless America" performed by Rockapella (students from the Barnstable Intermediate School led by teacher Janice Hannah)
• motions by USCIS District Director Denis Riordan
• administration of the Oath of Allegiance by Clerk Scott Nickerson of the Barnstable Superior Court
• remarks by Judge Rufo
• Pledge of Allegiance led by Arlene McNamee, Executive Director, Catholic Social Services of Fall Rilve
• remarks by Lemuel Skidmore, Project Manager, Citizenship Services, Catholic Social Services

For press coverage, please see:

Cape Cod Times
Cape Cod Times again 
WCAI (Cape and Islands NPR Station)
Nantucket Inquirer-Mirror
Barnstable Patriot
Barnstable Patriot again
O Jornal

Also, there are two videos on the web--see our youtube channel.

Citizenship Clinic March 30

On Saturday, March 30, we (the Citizenship Services Program at Catholic Social Services of Fall River) will be partnering with the Massachusetts Immigrant and Refugee Advocacy Council (MIRA), United Neighbors of Fall River, and St. Luke's Episcopal Church to conduct a Citizenship Clinic.  Here is an announcement in the Portuguese language press: http://ojornal.com/pt-pt/portuguese-brazilian-news/2013/03/clinica-de-cidadania-em-fall-river-dia-30-de-marco/#axzz2OBuYf7tg

See http://miracoalition.org/mc-releases/400-free-citizenship-clinic-in-fall-river-sat-mar-30#gid=0 for details and registration.

Over 350 Clients!

On the last day of February, marking 17 months of operation, we broke through the 350 milestone...ending the month at 355 clients.  We also added our 38th country in February. Two more of our clients were sworn in as US Citizens yesterday, marking 98 new citizens through our program.  Congratulations to all!  

Pathway to Citizenship?

The debate over immigration reform has focused on the issue of whether or not the estimated 11 million undocumented persons should be given a path to citizenship.  There has been little discussion of what that path would be.

This is not a simple issue. The immigration laws are complex, and eligibility for Legal Permanent Resident status (so called "green card") depends on what country one is from and whether one is applying through an employer or through a family member (the only possibilities, except for certain special circumstances).

If applying through a family member, then the status of the family member (US Citizen or Legal Permanent Resident--the only two categories eligible to apply for a family member), and the relationship of the potential immigrant to the family member (child, parent, spouse, sibling)  is taken into account.  Other considerations are marital status and age (adult or minor) of the potential immigrant, and a variety of questions about marital status of the family member and in-wedlock/out-of-wedlock status of the potential immigrant.

Note that a Permanent Legal Resident is not a citizen.  In order to become a citizen, one must have been a Legal Permanent Resident for 5 years (3 years if married to a US Citizen), have maintained residency in the US, have Good Moral Character, among other requirements.

The proposal by a group of eight senators says: "Individuals who are present without lawful status - not including people within the two categories identified below - will only receive a green card after every individual who is already waiting in line for a green card, at the time this legislation is enacted, has received their green card." The "two categories" are those brought to the US as minors, and some agricultural workers, who will be on an undefined accelerated path. 

It is important to remember that no laws have been proposed.  This purpose of this discussion is to shed some light on what is meant by a pathway to citizenship.  The proposal by the eight senators is thought to be one of the more generous.  President Obama, in the State of the Union Address, made a similar statement about currently undocumented persons "moving to the end of the line."

So, what is this "line?" According the US State Department's Visa Bulletin for February 2013, there are family petitions submitted in June 1989 that have not been processed. Only after those petitions are processed may the green card application process start. So to wait until "every individual who is already waiting in line for a green card, at the time this legislation is enacted, has received their green card" may mean to wait another 24 years. At that point, there will be a subset of the 11 million currently undocumented who will be inserted into a line.  At the current rate of around 480,000 green cards issued per year (limited by law), that's a long line, both for the currently undocumented, and for those who would normally compete for the available green cards.  The 480,000 number is not absolute, as it can vary from year to year depending on who is applying in what categories, but it gives a good idea of the challenge. It is also possible that reform may change that number, but we have not seen any proposals to do so.

Once a person obtains a green card, he or she may start the process of becoming a US Citizen (usually eligible to apply 5 years after receiving the greed card).  So, from current undocumented status to citizenship could be a very long process.

There are other unanswered questions as well, such as what will be the status of currently undocumented persons during the time they are waiting in line. It makes sense to think that it would be some "lawfully present" status such as that currently provided by the Deferred Action for Childhood Arrivals (DACA) program (which defers deportation for some undocumented persons brought to the US before age 15).  The good news is that, if this were the case, those covered would have a status that would allow them to stay in the US without fear of deportation. 

Other questions about status include how it will differ from permanent residency in terms of ability to travel outside the US, eligibility for public benefits, and other issues. Further, would it allow for driver's licenses, in-state tuition at colleges and universities, etc? Also, there is the question of whether the numbers of green cards available and/or the quotas for certain countries, will change.

Until we see more detailed proposals, these questions will remain unanswered. One thing is clear, however: the "pathway to citizenship," if any, will be long and arduous.

You may not have to pay fees for immigration forms

Application fees are often a barrier to applying for citizenship and filing other immigration forms.  For example, the current fee for an N400 Application for Citizenship is $480.  That can be very difficult to pay, particularly when multiple members of a family are applying.

However, you may not have to pay the fees if you are unable to pay.. This is called a “fee waiver.” According to USCIS, fee waivers are available if:

• You or qualified members of your household are receiving a means- tested benefit. A means-tested benefit is one for which the individuals’ income/resources determine eligibility and/or the benefit amount (for example, food stamps, or SNAP)
• Your household is at or below the 150% poverty level at the time you file. See USCIS poverty level guidelines
• You are experiencing a financial hardship that prevents you from paying the filing fee, including unexpected medical bills or emergencies

Anyone seeking more information on fee waivers, or to apply to have the fee waived for any immigration document, should contact a legal service provider, such as Catholic Social Services of Fall River Citizenship Services Program .

See also USCIS Fee Waiver Guidance.