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Mr. C. Adams is an American lawyer of Moroccan heritage.
He immigrated to the United States more than twenty years ago. He
graduated from John Jay College of Criminal Justice in New York and
later received his Juris Doctorate (Doctorate of Laws) from Hofstra Law
School in New York.
May 14, 2007 is the target date for immigration reform debate."
latest proposals that are negotiated behind-the-scenes may create a
new visa called "Z" visa that would allow many illegal immigrants now in
the country to continue working in the country legally.
Some Senators and administrative officials are suggesting the
requirement of a 13-year time frame between the time an illegal
immigrant gets this new "Z" Visa to the time he or she become citizen.
In addition to a payment of a penalty of $8, 000.00.
They are also debating with administrative officials the possibility
of curtailing the usual priority of family reunification.
Almost everyone was optimistic that the chances of passing an
immigration reform was brighter this year after Democrats took control
of Congress in January 2007.
Congress was hesitant to start an immigration reform for the last
four months or so. Key Senators and House Representatives were
struggling for months and negotiating behind-the-scenes with each other
to no avail. Many are trying not to disclose the details. As a result to
this inaction, the Senate Majority Leader Harry Reid, D-Nev, has decided
that if no compromise or breakthrough on immigration reform is reached
soon, then May 14, 2007 will be the target date for the immigration
debate, the day to get things started. Thus, a meaningful debate will
follow for about two weeks. That means that two weeks before Memorial
Day will be devoted to an immigration bill that could increase the
number of temporary guest workers, help immigrant families reunite and
legalize the estimated 12 million immigrants here illegally.
Probably, or even most likely, the Senate Majority Leader Harry Reid,
D-Nev will introduce the measure or the bill passed by the Senate
Judiciary Committee last year.
For the wartime President Bush, scoring on an immigration reform
would be at least a huge victory in the domestic scene before he leaves
the White House in January 2009.
The early Bush proposal called for many measures. Among those
measures, two are very significant: 1) a guest-worker program - which
simply means to bring about hundreds of thousands of workers to the USA.
2) a conditional legalization for undocumented workers who learn
English, pay fines, and maintain steady employment.
Later, the administrative officials tried to negotiate and change the
fines up to $10,000.00 and sometimes to $20,000.00.
Back to the White House proposal, it follows that legal immigrants
would lose their right to sponsor adult children and siblings to the
country. They will still keep the right to bring their spouses and minor
children. Their rights to sponsor parents would be tremendously
curtailed.
The nation is aware that to deport, or at least try to deport, about
12 million undocumented immigrants, presently in the country, is an
arduous and burdensome task, if not impossible. Any mass deportation of
this caliber is almost not feasible.
For a bill to pass the Senate, 51 votes are needed. However to
overcome the risk of a filibuster, a majority of 60 votes may be
necessary.
This is for the Senate, but what about the House? It is well known
that Reps. Luis Gutierrez, D-Ill., and Jeff Flake, R-Ariz., have
co-sponsored a bill and this bill is somehow fair and reasonable to the
undocumented immigrants. The Gutierrez-Flake bill, called the STRIVE
Act, could be the platform for Senate and House debate. Democrats and
Republicans are split on how many more (or less) foreign workers should
be allowed into the country. The Gutierrez-Flake bill would allow up to
400,000 unskilled guest workers annually to enter the US legally.
The White House has proposed that such workers would come for
two-year stints and pay $1,500 for their permits, then have to return
home for six months.
However, for a reason I do not know, the House of Representatives
choose inaction. Members of the House want the Senate to go first. In
other words, you do it first. If you succeed, then I will do it. If you
do not succeed, then I am not going to burn my toes.
Republicans are trying to emphasize on employment and Democrats are
favoring family reunification. Republican want to limit the amount of
family members and give preference to skilled workers sponsored by
employers. Democrats advance more family sponsorship. Thus a compromise
is far from being reached. As Senator Kennedy stated last week "it would
be a huge mistake to expand employment-based immigration at the expense
of our historic tradition of family-based immigration." Bush has
mentioned that "I will work with both Republicans and Democrats to get a
bill to my desk before the summer is out, hopefully."
One of the positive signs is that some of the same GOP conservatives
who already had opposed the previous bill, and Sen. Jon Kyl of Arizona
is one of them, have got together with the White House to write a new
proposal. They also reached to Senator Kennedy to bargain with them to
find a deal most Democrats could like.
The almost bad news are that Democratic negotiators, such as Sen.
Kennedy, Sen. Ken Salazar, D-Colo. and Sen. Robert Menendez, D-N.J, have
signaled they may consider provisions that they had already rejected
last year. One of those provisions is forcing undocumented immigrants to
leave the country before gaining legal status.
But where is Senator McCain? He is one of the most Senators committed
to a fair immigration reform. Unfortunately the Democrats claim that he
just abandoned his efforts, a fact his office has recently rejected. I
still think that he is doing the behind-the-scene work.
Five months ago, I cheered when Democrats took over the House and the
Senate. I was confident that the issue of millions of undocumented
workers could land a sort of resolution. However, I grimly discovered
that my optimism somehow is fading. if no bill got through Congress this
year, then the passage of a bill in the election year 2008 would be
arduous, if not almost impossible. However, there is a good chance with
Senate Majority Leader Harry Reid and his target date for a two-week
debate starting on May 14,2007.
By Christopher Adams
Attorney at Law
Adams44@Gmail.com
January 2, 2007
URGENT
A new immigration draft bill in the Senate
Senator Edward Kennedy (Democrat from Massachusetts) and Senator John
McCain (Republican from Arizona) are planning to introduce a new, and
much more humane, immigration bill concerning legalizing the statuses of
undocumented immigrants.
The Senate is planning to introduce this immigration bill next month.
It may pass by March or April.
They are calling it a fast track to citizenship for illegal aliens.
The House of Representatives is expected to consider its version to
regularize the undocumented immigrants later.
Details of the bill, which would most likely be introduced early next
month, are being drafted.
Senator Edward M. Kennedy, who, by next month, is expected to be the
chairman of the Senate Immigration, Border Security and Citizenship
Subcommittee has declared, "I am very hopeful about this, both in terms
of the substance and the politics of it."
The plan under consideration would allow about 11-million undocumented
immigrants to become eligible to legalize their statuses without
returning home and start over, up from 7 million in the previous Senate
bill.
To
qualify, the undocumented immigrants would have to:
(1) pass background checks,
(2) pay back taxes,
(3) remain employed,
(4) pay fines, and
(5) enroll in English classes.
The lawmakers are also considering denying financing for 700 miles of
fencing along the border with Mexico.
While this bill is still in the drafting phase, there are some
encouraging signs in the Senate. However, it may be somehow tougher with
the House of Representatives.
I
will promptly keep all readers informed of the details and any new
development that may occur.
Attorney C. Adams
Answers for the week starting
December 7, 2006:
Benefits of Citizenship:
1. The Right to Vote:
This is the most important right. Only
citizens can enjoy this right. Politicians try to cater to citizens.
They often must listen to citizens or they are voted out. A green card
holder does not enjoy this right even though he or she pays taxes.
2. Protection against deportation:
A green card holder can be deported. A
citizen cannot be sent back to his or her country of origin.
3. A wide range of petition:
A citizen can petition for alien relatives
quickly. Moreover, they can petition for their sisters, brothers, and
children over 21 years old.
4. SSI (Supplemental Security Income):
Concerning the SSI, citizens have far more
preferential treatment than the green card holders do; especially in
regard to the seven-year rule.
5. Travel protection:
Citizens can travel to many countries without
a visa. They even can live there. They also enjoy the US protection
while abroad.
URGENT!
Precisely, last Thursday the U.S. Citizenship
and Immigration Services (USCIS) Director Emilio Gonzalez announced the
release of new questions and answers for the pilot test of a new
naturalization exam.
The United States Citizenship and Immigration
Services had decided last week to change the questions concerning the
citizenship test. Many immigration attorneys, if not all, have concluded
that these newly issued questions are very hard for an ordinary person.
They also feel that this change will make it more difficult to obtain
U.S. Citizenship.
As an attorney, I have never seen questions
of this caliber before. Try to ask some native borne U.S. Citizens these
questions and see if they can answer them. Many of my American-born
neighbors could not answer these questions.
To apply for naturalization an alien must
reside in the U.S. for a period of five years after an admission as a
permanent resident. If an alien is married to an American, then he or
she must reside in the U.S. for a period of three years after an
admission as a permanent resident.
However, for the purpose of filling N-400,
you deduct three months.
Knowledge of U.S. History and Government is
also required.
Applicants must take a naturalization exam.
These current civics questions in the
naturalization exam were established in 1987.
However, the U.S. Citizenship and Immigration
Services will begin using the newly released citizenship test in the
spring of 2008.
The USCIS will start this new pilot test with
5,000 volunteer applicants in 10 different cities such as Albany;
Charleston; Miami; Tucson; Boston; and Denver.
You must answer 10 questions. If you answer
six correctly, then you pass.
Keep in mind that the English portion remains
the same.
Unlike the current test, the applicants will
not be given multiple-choices and then pick an answer. Instead, they
will be required to write out an answer.
This revised test is estimated to cost $6.5
million.
Applicants for citizenship will still take
the current test from now until the spring of 2008. My initial reaction
to these new questions is to have your lawyer file for your U.S.
Citizenship as soon as possible so you can take the current test. Your
application needs to be carefully and diligently looked at now.
I have selected some of the newly issued
questions and answers.
Pilot Exam Questions and Answers for
citizenship
102. Name one of the major American Indian
tribes in the United States.
A: Cherokee, Seminoles, Creek, Choctaw,
Arawak, Iroquois, Shawnee, Mohegan, Chippewa, Huron, Oneida, Sioux,
Cheyenne, Lakotas, Crows, Blackfeet, Teton, Navajo, Apaches, Pueblo,
Hopi, Inuit
55. What does it mean that the U.S.
Constitution is a constitution of limited powers?
A: The federal government has only the powers
that the Constitution states that it has.
A: The states have all powers that the
federal government does not.
1. Name one important idea found in the
Declaration of Independence.
A: People are born with natural rights.
A: The power of government comes from the
people.
A: The people can change their government if
it hurts their natural rights.
A: All people are created equal.
3. What does the Constitution do?
A: It sets up the government.
A: It protects basic rights of Americans.
10. What did the Declaration of Independence
do?
A: Announce the independence of the United
States from Great Britain
A: Say that the U.S. is free from Great
Britain
29. Why do we have three branches of
government?
A: So no branch is too powerful
30. Name one example of checks and balances.
A: The President vetoes a bill.
A: Congress can confirm or not confirm a
President’s nomination.
A: Congress approves the President’s budget.
A: The Supreme Court strikes down a law.
48. What does the judicial branch do?
A: Reviews and explains laws
A: Resolves disputes between parties
A: Decides if a law goes against the
Constitution
88. What happened at the Constitutional
Convention?
A: The Constitution was written.
A: The Founding Fathers wrote the
Constitution.
71. What is self-government?
A: Powers come from the people.
A: Government responds to the people.
72. Who governs the people in a self-governed
country?
A: The people govern themselves.
A: The government elected by the people.
73. What is the "rule of law"?
A: Everyone must obey the law.
A: Leaders must obey the law.
A: Government must obey the law.
74. What are "inalienable rights"?
A: Individual rights that people are born
with
89. Why did the colonists fight the British?
A: They had to pay high taxes but did not
have any say about it. (Taxation without representation.)
A: The British army stayed in their houses.
(boarding, quartering)
A: The British denied the colonists
self-government.
95. Why were the colonists upset with the
British government?
A: Stamp Act
A: They had to pay high taxes but did not
have any say about it. (Taxation without representation.)
A: The British army stayed in their houses.
(boarding, quartering)
A: Intolerable Acts
100. Name one of the writers of the
Federalist Papers?
A: James Madison
A: Alexander Hamilton
A: John Jay
101. What group of essays supported passage
of the U.S. Constitution?
A: The Federalist Papers
Question:
Hello,
I found your email address in the Washington
Moroccan club, my question is about a pending citizenship application
that is taking more than usual.
I applied on august 11,2005 and was
interviewed on April 07,2006.the answer is : a decision cannot be made .
Please advise me on this issue .
Thanks, T. k
Answer:
I just checked your status with the
Citizenship and Immigration Services and found the following:
"Case received and pending. On August 11,
2004, we received this N-400 APPLICATION FOR NATURALIZATION, and mailed
you a notice describing how we will process your case. Please follow any
instructions on this notice. We will notify you by mail when we make a
decision or if we need something from you. If you move while this case
is pending, call customer service."
I hope that you had followed all the
instructions subscribed in their notice.
It could be anything. Likely, it could be a
"name check" issue whereas the Citizenship and Immigration Services had
to inquire for a name check with the FBI.
There are many remedies to this name check
problem. One of them is that an applicant may file a "writ of mandamus"
after the passage of 120 days from the date of the interview.
Your interview was on April 7, 2006, so do
the math.
The "writ of mandamus" is complex and needs
the help of an attorney.
This writ simply means that the applicant is
suing the Citizenship and Immigration Services to force them to do their
job. Lawyers do this all the time. It is my advice that you consult with
your lawyer.
Question:
My name is Jawad.
Recently my wife name was up in a DV
(Diversity Lottery) 2007 but we were told that we can't file through
this program because we are illegal aliens. We are in the state now for
almost 9 years. We have two kids who are 5 and 2 years old. Is there any
chance for us to file under that program? Thank you
Answer:
Unfortunately, the answer is NO. My heart
goes with you.
Congress had passed a law called the "Illegal
Immigration and Immigrant Responsibility Act of 1996" and President Bill
Clinton signed it. This law took effect on April 1,1997.
According to this law, those who win a
diversity lottery and who either 1) have overstayed their visa or 2)
have entered the US without inspection (crossed the borders without
inspection) might not adjust status and get green card for several
years.
I feel very sorry for you.
DV 2007 is already closed. However, Please
call me at 202-973-0161.
I need more facts from you, such as if you
are "grand-fathered" under 245(i).
Before this law, winners of DV were allowed
to adjust their status and get green cards even if they overstayed their
visa. Those good old days are gone.
However, the newly elected
Democratic-controlled Congress may reconsider the harshness and rigidity
of the "Illegal Immigration and Immigrant Responsibility Act of 1996."
December 5, 2006:
To my follow Moroccans and Americans who had
sent their questions before the issuance of this notice, I will still do
my best effort to encompass many questions - if not all - and give them
due consideration and response.
In the future, and after giving this notice to
the whole wide world, I will answer only a reasonable amount of
questions. I will select only those questions that have a wide concern
and common applicability to the audience, so as the benefit will be as
widespread as possible. The factually rare or unique questions will
unfortunately go unanswered. Think about it this way: I am balancing
between doing something to help my wonderful community and, at the same
time, trying to meet my busy schedule at my law office.
Given all the above, I will start answering
questions this weekend.
So I say Salaam alaykoum to all my
distinguished community members.
Next week, in addition to answering
more immigration questions, I will also write an article about this
newly elected Congress and the potential revival of the immigration
reform efforts such as the McCain-Kennedy immigration proposal, the
guest-worker program, the Senate measure S. 2611, and the House bill H.
R. 4437.
This recently elected
Democratic-majority Congress is expected to update the old immigration
policy and give some sort of relief to millions of aliens.
Is the immigration debate going to
take a dramatic turn? The answer is definitely no. However, it is almost
certain that some kind of partial amnesty or comprehensive immigration
reform will take place in shortly (approximately four to eight months.)
IMMIGRATION QUESTIONS
AND ANSWERS:
Question 1.
My name is Jaouad. I won the
Diversity Visa and I recently came from Morocco. I live in Alexandria. I
applied for a Social Security Card and I am still waiting for it.
Recently, I found a job. Can I start to work without a Social Security
card?
Answer:
Dear Jaouad,
AILA's SSA liaison committee notes
the following:
"[C]ontrary to popular belief, neither immigration law nor federal tax
law requires an individual to possess an SSN to begin working. IRCA does
not require an employee to present an SSN Card but, rather, lists the
Card as a possible "List C" document of work authorization. Similarly,
the Internal Revenue Code does not require an employee to possess an SSN
to begin working. It requires only that an application for an SSN be
made within seven days of commencing employment for taxable wages. 26
USC § 6011; 26 CFR § 31.6011(b)-2. Usually, the real obstacle to
commencing employment is the software of a third-party payroll preparer,
which cannot generate a paycheck without the number. Under these
circumstances, if permitted by its system, the preparer can use a
"dummy" SSN solely to generate a paycheck, provided the actual SSN or
other required information is provided on the information returns at the
time of filing. Further instructions are on the SSA web site at
www.ssa.gov/employer/
<http://www.ssa.gov/employer/>
. For further information, see Social Insecurity:" Aliens, Employers,
and Social Security Requirements, 2 Immigration & Nationality Law
Handbook, 367 (2004-05 Ed.)"
Question 2.
My name is M. L. and I am a student.
With an F-1 Visa. An employer sponsored me and filed I-140 (employment)
and I filled I-485 (Adjustment of Status.) I also filed I-765 for an EAD.
What is going to happen to my F-1 status if I use the EAD?
Answer:
Dear M. L.,
First, What is an EAD?
"EAD" means Employment Authorization
Document. This document is issued by the United States Citizenship and
Immigration Services to those who are not holders of Green-Cards, but
are authorized to work.
I-140 means that an employer is
sponsoring you.
I-485 means that you are applying for
a Green-Card. Some people who prefer to use fancy words call it
"Adjustment of Status."
Now, let’s look at two possible
scenarios:
The first is that you received your
Employment Authorization Document and you start working with it while
waiting for your Green-Card to be approved. The second scenario is that
you received your Employment Authorization Document but you did not work
with it. So, let's apply that!
1) If you use the Employment
Authorization Document to work with it:
You will lose your F status. That
means you would be in what is called I-485 pending status. In other
words, if your I-485 application is denied before you complete your
study at school, you can no longer stay in the United States to finish
your study. You must leave.
2) If you do not use the Employment
Authorization Document to work at all:
You may keep the F-1 status and be
able to stay and finish your study even though your I-485 is denied by
the United States Citizenship and Immigration Services.
Question 3.
I arrived to the United States five
months ago and I am still waiting for my Permanent Resident Card
(Green-Card.) Three months ago, I have moved to a new address and I am
still waiting.
Answer:
Dear Aziza,
You must file a ‘Change of Address,"
which is Form AR-11. Must keep a copy of it.
Also keep evidence of mailing the
Form AR-11 such as a receipt from the post office.
Moreover, you try to call the
National Customer Service Center (NCSC) to inform them of your change of
address and ask about the outcome of your Permanent Resident card.
Then, if things did not work out and
your Permanent Resident card did not arrive, you may file "Form I-90" to
obtain a new card.
Question 4.
My name is Rachid and I am a student
with an F-1 Visa. Can I apply for an EAD?
Answer:
Dear Rachid,
Again, "EAD" means Employment
Authorization Document. This document is issued by Immigration and
Naturalization Services to those who are not holders of a Green-Cards,
but are authorized to work.
A student can be entitled to file for
an Employment Authorization Document in the following situations: a) if
he or she applies for a Green-Card." (Some people who prefer to use
fancy words call it Adjustment of Status),
b) was offered off-campus work under
the sponsorship of a duly qualified international organization, c) when
a student is seeking "Optional Practical Training" in an occupation
directly related to his or her studies, or d) is seeking off-campus
employment due to severe economic hardship.
Question 5:
In 2002, I came to America from
Morocco with a tourist visa. Since then I overstayed my visa and never
went back. What are the immigration consequences?
Ahmed from Queens, New York
Answer:
Dear Ahmed,
If you remain beyond your expiration
date, you are subject to one or more of the followings:
1) If you overstayed by one day:
The only right you are left with is
to apply for a nonimmigrant visa from Morocco. Your alternative to apply
for a nonimmigrant visa from another country is now lost.
A word of caution: Even though you
may apply for a nonimmigrant visa from Morocco, the US Consulate in
Casablanca my take in consideration the fact that you overstayed your
visa by one day and they may deny you application.
2) If you overstayed by 180 days:
You have three-year bar to return to
the U.S.A. This bar is applicable only if you leave voluntarily.
3) If you overstayed by one year:
You have ten-year bar to return to
the U.S.A. Also, this bar is applicable only if you leave voluntarily.
Any individual who falls under 1),
2), or 3) above cannot complete his or her case without leaving the
United States. There are some exceptions to this rule. One of them is
245(i) [which I will explain in detail next week.] The second exception
is when an individual marries an U.S. citizen. In other words, if an
alien, who overstayed beyond the expiration date and was lucky enough
not to be removed by USCIS, and later married an U.S. citizen, he or she
can apply for a Green-Card (adjustment of Status) without leaving the
United States.
[Disclaimer: This
information is intended for information purposes only and is of a
general nature and may not apply to any particular set of facts or
circumstances. It is not a "legal advice. It is not intended to
substitute for obtaining legal advice from an attorney. This information
does not intend to create an attorney-client relationship.]
You may email your question
to Adams at:
Adams44@gmail.com
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