Mr. Lee's Comment to March 28, 2007 White House Immigration Reform
Proposal - Z Visas
By Alan Lee, Esq.†‡
To everyone except right wing conservatives, the Administration's
unveiling of some elements of a comprehensive immigration reform
legislation on March 28th is dead even as a starting point. Ungenerous
in the extreme, it makes a mockery of President Bush's promises
to the leaders of Mexico and Guatemala on his recent trip that he
would push for such a bill. If the idea is to balance the U.S. budget
on the backs of undocumented immigrants, that is the one aim that
would be accomplished under the proposal that the current undocumented
could qualify for three year "Z" visas in which all Z
visa holders would pay $3,500 every three years and, after an interminable
waiting period with no realistic end, pay a $10,000 fine on top
of undisclosed application fees to obtain permanent residence. As
a mark of how long undocumented immigrants could wait, the Z visa
is indefinitely renewable. However, the proposal does not include
an increase in immigrant visa numbers, only a restructuring to place
parents on a waiting list, eliminate the F-2B and F-3 visa categories
for adult children of permanent residents and U.S. citizens, the
F-4 category for siblings of U.S. citizens, and the DV diversity
visa lottery program. This proposal would also require fresh applications
for all backlogged family preference cases already filed along with
the collection of updated information, biometric identifiers, and
a $500 per person fee. The Bush Administration justifies the heavy
fees for Z visa holders under the rubric that "The eventual
effect will be the equivalent of a felony fine broken into installments"
and that "While substantial, these penalties are modest compared
to smuggler's fees and, especially, the economic benefit to the
migrant of coming to the U.S." The Administration appears to
conveniently forget that coming to the U.S. illegally or staying
in the U.S. illegally is a civil offense and not a felony. It is
apparent that the penalties and fees as outlined in the proposal
would not entice many of the undocumented to emerge. A family of
four having to apply for two extensions of Z visas (nine years)
would pay $82,000 to immigrate under the figures of the proposal.
That figure would not include application fees for the green card
which were not disclosed. Hopefully this proposal is dismissed by
Congress as an affront to realistic comprehensive immigration reform.
The proposal is truly a disappointment.
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