Immigration reform thoughts

[darko]

Hi,

I am sure most of you know about proposed immigration reform (by Bush). According to US president, all illegal immigrants in the USA who have been staying here for over 5 years will (after they pay 1k (or so) fine and pass background check) will be able to get 6 year visa and will have path to citizenship.

Now, being H1B employee (for a year now) (but have been working in the US for over 2 years (OPT first)), having BS in Computer Science from the US institution and working towards MS in Information Systems now (as well as working full time) and being in the US a little over 5 years now I wonder:

If this reform passes should I become illegal immigrant to BENEFIT? Because right now I don't even wanna leave the country to renew my H1 visa, because of risk of security backgrounds (I am Russian) and questions that could be asked during visa interview (My initial F-1 visa was refused for eg., second one was issued for 3 years).

I didn't even start my perm. residence application and it promises to be a long process (I am getting my MS in a year and I might change employer and get a 'better' position and then apply for perm. residence).

But what I wonder is: if this passes all those illegal immigrants are gonna step ahead of ME (someone who has been struggling and trying to do everything according to the rules)?

What are your thoughts?

[darko]

Why no comments?

[AtlzBest26]

There is still fierce criticism of the bill of reasons exactly like yours and others (the "glut" of immigrats would drive the economy insane, no more illegal workers to do below-minimum-wage jobs for all the cheapo Wal-mart stuff that was available)

that it is more than likely that the illegal immigrant portion of the bill will get scrubbed quite hard and ofcourse nothing beats being legal, sooner or later it will come out useful.

Just my 2 cents

[vilkatis]

Why no comments?

The subject is complex. You asked what you "should" do ... and probably nobody here is qualified to answer that.

Keep in mind that these reforms are merely proposed right now. Nobody really knows what will be. It is an election year and this is an extremely political debate.

The best solution is not necessarily the one that will be. The solution that benefits certain powerful politicians will be the one that is finalized.

That said.

Your speculation as to a possible strategy on your part is very interesting.

I think what will cause you problems is that you have a strong record of your previous visas and your work/tax records. If you try to place yourself into such an amnesty/'path toward citizenship' category, your previous history will likely disqualify you at some point.

I say it will cause you problems, which is my prediction. The real question is, will those problems prevent you from obtaining citizenship, or merely cause inconvenience and small delay? And, would such a delay be less time than your current strategy to stay?

But, it might well be a loophole that can be exploited. So, research and study the legislation as it becomes finalized and becomes law. If you position yourself correctly at the beginning, you may well be able to utilize a loophole before it gets closed down.

-- vilkatis

[aircira]

American Immigration Reform. Free detailed analysis. About 400 Q&A.
LEGALIZATION UNDER DEFERRED MANDATORY DEPARTURE (DMD) PROGRAM.
A Central Legalization Program of Senate's Bill.
About 400 Questions & Answers.

http://www.AmericanImmigrationReform.com
http://www.American-Immigration-Reform.com

Table of Contents:

18 eligibility requirements.

Payment of income taxes.
Basic citizenship skills.

Denial and appeal.
Discretion of USCIS.
Limitations of judicial review.
Challenges to constitutionality.
Challenges to consistency.

Spouses and children.

Terms and conditions of DMD status.
Duration of status.
Evidence of DMD status.
Travel.
Treatment as a holder of another status.
Change of status.
Public assistance.
Termination of dmd status prior to the expiration date.

Mandatory departure (MD).
Departure prior to the expiration of the status.
Registration.
Surrending the evidence of DMDstatus.
Penalties for failure to depart.

Application for readmission as an immigrant or nonimmigrant.
Applying inside the u.s..
Applying outside the u.s..

Reentry as a nonimmigrant or immigrant.
Immediate reentry.
Other bars to admission.
Consular interview.
Numerical limitations for nonimmigrant visas.
Numerical limitations for immigrant (permanent resident) visas.
Reentering in legal status.
Employment authorization.
Effect of readmission on spouse or child.

Deportability for crime of moral turptitude.

Authorization of appropriations.

http://www.AmericanImmigrationReform.com
http://www.American-Immigration-Reform.com