May 11, 2009
Congress Introduces Bill To Benefit Students Who Earn PhD’s In The U.S.
On March 30, 2009, a Bill was introduced in the House called the “Stopping Trained in America PhDs from Leaving the Economy (STAPLE) Act of 2009”, (H.R.1791). This Bill is aimed at providing immigration incentives to foreign nationals who obtain U.S. doctoral PhD from American colleges to remain in the U.S. and immigrate in order to enhance our country’s technology, science, engineering and math fields.
The first portion of the Bill would provide an H-1B cap exemption for science, technology, engineering, and math (STEM) fields PhD candidates to allow them to work in the U.S. without a limit on available H-1B professional work visas.
The second benefit is aimed at accelerating the Green Card process for U.S. PhD graduates in the above “STEM” field, by providing an exemption from the normal “Immigrant Visa” availability waiting times and allowing immediate residency processing. These proposals are targeted at keeping the “best and the brightest” talents from around the world who graduate from U.S. colleges in our country, to benefit America’s intellectual and economic future!
Secretary of Homeland Security, Janet Napolitano Supports The Dream Act
On May 6, 2009, Secretary of Homeland Security, Janet Napolitano testified before the Senate Judiciary Committee on matters of Immigration and border enforcement. During her testimony, Secretary Napolitano said that she recognized the human issues at stake in enforcement strategies and stated her support for the pending DREAM Act legislation. You can watch C-Span video of the Senate Immigration Hearing by Clicking on the link below:
** You can fast foreward to 50:15 to watch the commentary on the Dream Act
Week of May 4, 2009
Congress Holds The First Hearings
on Comprehensive Immigration Reform for 2009!
On April 30, 2009, the Senate Judiciary held the first Immigration Reform hearings of 2009 entitled: "Comprehensive Immigration Reform in 2009, Can We Do It and How?", This session signals the first of many Immigratio
n Reform debates in this historic 111th Congress. Under the leadership of Senator Chuck Schumer, the Subcommittee heard from many prominent witnesses regarding the urgent need for comprehensive immigration reform. These hearing will in part focus on the issues effecting innocent children who are not responsible for their immigration status (Dream Act & American Dream Act pending legislation) and how legalizing undocumented immigrants and others who have fallen out of legal status will help our economy and the American job market. More hearings will be scheduled over the coming weeks and months – stayed tuned!
Click on the Senate Image below to watch the C-Span video of the Hearing
You can also view the official Hearing Notice and Panel list at:
Week of April 20, 2009
Congress Returns from "Recess" Ready To Build More Member Support For Dream Act
Congress has been out on Recess for the past several weeks spending time in Congressional Districts to connect with their Constituents on various issues including the economy - and Immigration!
Now that Members have returned this week, supporters of the pending DREAM ACT Bills are busy gaining support from other members of Congress. New Co-sponsors in the Senate and House are needed before moving forward on the Bill. The next few months are crucial for passage of the law. So please contact your congressional representatives and Senators to support the Bills. Click on the following link to Contact your Congressional Representatives and express your support for the DREAM ACT of 2009!
Due to the overwhelming questions I received this week regarding eligibility, I 'll devote this Newsletter to answering a few questions posed by readers about eligibility under the current proposals
Part 1: Common Questions & Answers About Eligibility Under the proposed DREAM Act Legislation
QUESTION: I have a question about the Dream act to get my Green Card. I am 27 and came to the U.S. with my parents when I was 11. I have never left the U.S. and it feels like the only home I’ve ever known, but it’s been so hard being here not knowing what my future will be. This new possibility gives me hope but I’m wondering if I am still eligible because I am married. Will my being married make me no longer eligible?
ANSWER: Fortunately, under the proposed Dream Act of 2009 and American Dream Act legislation, marital status is not a factor in eligibility. Therefore, once the law passes, as long as an individual meets the other eligibility requirements, they will still be eligible for conditional U.S. Residency (a Green Card) whether married or single.
QUESTION: If I came to the U.S. when I was age 9 and have lived here ever since and have just completed a four-year college degree, will I be able to get a Permanent Green Card, instead of having to go through six years as a Conditional resident, since I have already fulfilled all the requirements for it?
ANSWER: Under the current Congressional proposals, six years of Conditional U.S. Residency is required before obtaining a final Permanent Green Card. This applies even to those who have already met (and exceeded) all the requirements (2 yrs of college or 2 yrs of military service). However, we have yet to see if the final law provides more positive provisions in this regard.
QUESTION: I was 12 when I came to the U.S. and I am now in High School, but I have three more years before I graduate. Does this mean that since I have not yet graduated from High School or earned a GED that I won’t be able to be legalized?
ANSWER: The current legislation is written very broadly and will become much more detailed as it moves through the Congress. Immigration experts believe that children who meet the requirements of having entered the U.S. before age 16 and who have lived in the U.S. continuously for at least five years before the law’s enactment will be afforded at least some legal “status”. The most likely possibility is that this legal “status” will be conferred on children who meet the requirements, but have not yet graduated from High School or earned a GED and then once they have fulfilled the educational requirement, the child will be able to obtain the six year Conditional U.S. Residency.
QUESTION: I am 34 now and have lived in America since I was brought here by my grandmother when I was 8. Once the law passes, it will take me at least two more years to fulfill the college requirement and by that time, I’ll be over age 35. Does that mean I won’t be able to qualify?
ANSWER: The legislative proposals allow individuals who meet all the other eligibility requirements to obtain Conditional U.S. Residency for a six year period. Therefore, as long an individual is under age 35 at the time the law is passed (under the Senate version), he or she will still qualify for a Conditional Green Card. During the six year Conditional U.S. Residency period, the education or military requirement would have to be satisfied and the age at which these obligations are satisfied will not matter, as long as they are completed within the six year required period.
QUESTION: My parents brought me to the United States when I was 14 and I have been living with my Auntie here ever since. My family all went home, I am the only one who has stayed. Once I get the temporary green card, will I be able to travel to go and see them? They no longer have a tourist visa so they can’t visit me in the U.S.
ANSWER: The Conditional U.S. Residency status given to qualifying individuals will allow them to work, obtain Social Security numbers, obtain Driver’s Licenses and of course, travel abroad. However, there are going to be very strict limitations on absences from the U.S., so once the final law passes, individuals will need to limit trips outside the U.S. accordingly.
QUESTION: My brother and I have been living here in the U.S. since we were under age 15. We have both graduated high school and can’t attend college because of our immigration status. The new law will change our lives and make our dreams come true! The only question I have is about my brother. When he was in high school, he got a traffic ticket for driving without a license and had to go to court and pay a fine. We are afraid that now he won’t qualify for that conditional residency, is that true?
ANSWER: The current proposals require “Good Moral Character” which generally means that only minor, non-drug related misdemeanors are allowed. Minor traffic and driver’s license related violations will likely not negatively affect eligibility.
QUESTION: My parents brought me to America when I was 11, then they applied for some kinds of visas which were all denied and finally filed for asylum. That was also denied and now it’s on appeal. I will graduate high school soon and I want to know if the asylum denial will prevent me from qualifying for the dream act?
ANSWER: The proposed legislation only currently prohibits those individuals with a final order of deportation from qualifying for conditional residency. However, the final legislation may provide more liberal benefits, even to those who have received final orders, who are able to have their cases reopened.
I welcome your questions and comments and will answer as many questions as I can in future Newsletters and emails. Remember, this legislation is not as much about immigration as it is about investing in the dreams of our children - who are the future of America, so please ask your friends, your family, your clergy, your social group colleagues to join our efforts and help us make the Dream come true!
As always, I hope these Immigration Updates are helpful to you and your family!
Sincerely,
Caroly Pedersen, Esq.
Week of April 13, 2009
Legislative Bills of the American Dream Act
& Dream Act Are Published By Congress
The Text of the Dream Act Congressional Bills, HOUSE (H.R. 1751) and SENATE (S. 729) have now been released. The House version of the Bill differs from the Senate Bill in that it does not have a limit on the age (the oldest age at which an individual can still qualify). The Senate version caps the age at 35. Both versions provide for the minimum age of eligibility at age 12.
As the Bills move through Congressional reviews and Committees, the final versions may be slightly different than the current versions. Ultimately, the final Bills will be merged and the final terms negotiated between members of the House and Senate before the final Congressional Bill is sent to President Obama for signature. Once the Bill is signed into law by the President, there is generally a 90-180 day period before the law take effect, for the official regulations to be written and published, based upon the new law.
Due to the critical nature of this vital legislation and the long awaited benefits it will address for so many innocent immigrant children in many States who have been unable to obtain a Driver’s License, Social Security number or admission to college, we and other organizations are calling on the President to issue an Executive Order to initiate many of the benefits of the DREAM ACT after the Bill is signed into law, but before it officially takes effect through regulations.
You Can View the Congressional Bills Now!
To View the Official American Dream Act introduced in the House by Representative Howard Berman (H.R.1751) on March 26, 2009, please click on the link below:
The official title: To amend the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to permit States to determine State residency for higher education purposes and to authorize the cancellation of removal and adjustment of status of certain alien students who are long-term United States residents and who entered the United States as children, and for other purposes. The Bill has 20 Cosponsors supporting it’s enactment.
Please review the list below to see whether your Representative supports the Bill. If not, please take the time to contact your Representative and express your enthusiastic support for the American Dream Act and Dream Acts:
Rep Ackerman, Gary L. [NY-5] - 3/31/2009
Rep Cao, Anh “Joseph” [LA-2] - 3/26/2009
Rep Capps, Lois [CA-23] - 3/31/2009
Rep Capuano, Michael E. [MA-8] - 3/31/2009
Rep Conyers, John, Jr. [MI-14] - 3/26/2009
Rep Diaz-Balart, Lincoln [FL-21] - 3/26/2009
Rep Diaz-Balart, Mario [FL-25] - 3/26/2009
Rep Engel, Eliot L. [NY-17] - 3/31/2009
Rep Farr, Sam [CA-17] - 3/31/2009
Rep Filner, Bob [CA-51] - 3/31/2009
Rep Gonzalez, Charles A. [TX-20] - 3/31/2009
Rep Grijalva, Raul M. [AZ-7] - 3/31/2009
Rep Hinojosa, Ruben [TX-15] - 3/31/2009
Rep Lofgren, Zoe [CA-16] - 3/26/2009
Rep McCarthy, Carolyn [NY-4] - 3/31/2009
Rep Nunes, Devin [CA-21] - 3/26/2009
Rep Polis, Jared [CO-2] - 3/26/2009
Rep Ros-Lehtinen, Ileana [FL-18] - 3/26/2009
Rep Roybal-Allard, Lucille [CA-34] - 3/26/2009
Rep Sanchez, Linda T. [CA-39] - 3/31/2009
To View the Official Dream Act of 2009 introduced in the Senate by Senator Richard Durbin (S.729) on March 26, 2009, please click on the link below:
The official title: A bill to amend the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to permit States to determine State residency for higher education purposes and to authorize the cancellation of removal and adjustment of status of certain alien students who are long-term United States residents and who entered the United States as children, and for other purposes. The Bill has 19 Cosponsors supporting it’s enactment.
Please review the list below to see whether your Senator supports the Bill. If not, please take the time to contact your Senator and express your enthusiastic support for the American Dream Act and Dream Acts:
Sen Bingaman, Jeff [NM] - 3/30/2009
Sen Boxer, Barbara [CA] - 3/30/2009
Sen Dodd, Christopher J. [CT] - 3/30/2009
Sen Feingold, Russell D. [WI] - 3/26/2009
Sen Feinstein, Dianne [CA] - 3/30/2009
Sen Gillibrand, Kirsten E. [NY] - 3/31/2009
Sen Harkin, Tom [IA] - 3/31/2009
Sen Kennedy, Edward M. [MA] - 3/26/2009
Sen Kerry, John F. [MA] - 3/30/2009
Sen Leahy, Patrick J. [VT] - 3/26/2009
Sen Lieberman, Joseph I. [CT] - 3/26/2009
Sen Lugar, Richard G. [IN] - 3/26/2009
Sen Martinez, Mel [FL] - 3/26/2009
Sen Menendez, Robert [NJ] - 3/30/2009
Sen Murray, Patty [WA] - 3/30/2009
Sen Nelson, Bill [FL] - 3/30/2009
Sen Reid, Harry [NV] - 3/26/2009
Sen Schumer, Charles E. [NY] - 4/2/2009
Sen Whitehouse, Sheldon [RI] - 3/30/2009
I thank so many of you who have taken the time and effort to get involved and contact your Congressional Representatives. In these last months, when we are so close to having the number of votes we need for final passage of the DREAM ACT, please ask your friends, your family, your clergy, your social group colleagues to join our efforts and help us make the Dream come true! This legislation is not as much about immigration as it is about investing in the dreams of our children - who are the future of America.
As always, I hope these Immigration Updates are helpful to you and your family!
Sincerely,
Caroly Pedersen, Esq.
