World Journal Weekly Q & A - December 3, 2006

Q & A 1.


Q&A 1.

Am I Eligible for Legalization If It Passes?

JK reader asks:

I am currently holding a F-1 visa and with an OPT status looking for a job. If I could not obtain H-1 status in time, do I have to leave U.S. on or prior to the OPT expiration date? Do I entitle of a 60 days OPT grace period? I have properties (house and car) in the U.S. and am worried that I could not sell them on time.

I was told an “amnesty” might be passed in the near future. Could you explain it in a simple way what kind of amnesty it might be? If it is in fact passed, and I take a risk to overstay in the U.S., in my situation (legal entry, no job but with some properties) will I be able to benefit it?

Dear reader:

The period for OPT is considered part of F-1 status and the student is allowed 60 days grace period following the expiration of OPT to depart the United States.

In answer to your question concerning an amnesty, the proper term is an "earned legalization". In the present atmosphere of fear engendered by politicians over visions of millions of poor illegals taking billions of dollars in taxpayer monies for their support, the word "amnesty" has become a dirty word in Washington. It is difficult to state whether you would be eligible for earned legalization if you overstayed because no bill has been settled upon by the House and Senate on whether an earned legalization will be allowed and if it is, what its terms will be. The Republicans gambled as part of their November midterm election strategy that Americans are more concerned over homeland security symbolic moves than the legalization of immigrants and so passed legislation only to bolster border defenses against illegal migration. The Republican Party will undoubtedly in the long run regret its decision in the face of wrath from Hispanic and other minority voters who believe that the Party is out of touch with their concerns.

The Senate Judiciary Committee had the most advanced bill, S. 2611, "Comprehensive Immigration Reform Act of 2006", and from looking at it, you would not be included in its first two tiers which require illegal presence (on 4/5/06 under the first tier and 1/7/04 under the second-tier). The third tier allows persons not qualifying under the first two tiers to apply for a temporary guest worker program after departing from the U.S., and you might be eligible for that if you become illegal and this version ultimately is accepted by both parties, but such guest worker program would not include a path to permanent residence.

 

Copyright © 2003-2006 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.