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.
|