In my "Consulta Migratoria" column this week published online by several impreMedia publications including LaOpinión.com, I continue to answer readers' questions about the new comprehensive immigration reform bill.
Here is my column:
The new U.S. Senate bill entitled ''Border Security, Economic Opportunity, and Immigration Modernization Act" (S. 744, Border Security, Economic Opportunity, and Immigration Modernization Act, in Spanish), for comprehensive immigration reform continues to generate many questions from readers. In my column this week I continue to answer some of them.
Remember that for the moment, it is only a bill. It must still be passed by Congress and signed by President Obama before it becomes law and goes into effect. Therefore, the answers I offer are based on the content of the bill and not on individual cases.
Please consult with an immigration attorney for personalized legal advice before beginning any proceedings.
Is it true that there will be special immigration benefits for agricultural workers? Teresa C.
Teresa, yes, agricultural workers will have a different process for obtaining provisional legal status and will be able to obtain permanent residency more quickly.
One of the differences is that agricultural workers who meet the requirements established in this bill would be given a "Blue Card Status" (BC) as proof of their legal status in the country.
In order to apply for and receive BC (Blue Card) status, the individual must demonstrate the following:
Have worked at least 575 hours or 100 days of agricultural work during the past 2 years prior to January 1, 2012.
2. Be of good moral character and not have committed certain acts that disqualify him/her for the benefit.
3. File an application with the U.S. Department of Homeland Security (DHS) within the enrollment period. This would be one year from publication in the Federal Register, with the possibility of an 18-month extension if the federal government deems it necessary.
The person must also undergo a background check.
Spouses and unmarried children under 21 years of age may also apply for BC (Blue Card) status on a derivative basis if they meet the proper requirements.
A person is not eligible for BC (Blue Card) status:
1. Has been convicted of a felony offense
2. Has been convicted of 3 or more misdemeanors, unless granted a pardon on humanitarian grounds.
3. Has been convicted of a crime abroad that would make the person inadmissible or deportable if he or she had committed the crime in the United States.
4. You have voted illegally
5. Not admissible to the country for criminal, national security, public health, or other reasons related to moral misconduct.
These requirements could change in the future, as the bill has yet to be debated in the Senate.
In addition to meeting the requirements, any applicant over 21 years of age will have to pay a fine of $100 and application fees. It is not yet known what the filing fees will be. DHS will announce this at a later date, once the bill is approved.
Agricultural workers with BC status (Blue Card) may apply for permanent residency in the United States after 5 years, payment of a fine of $400 and after meeting all requirements.
Is it true that they are going to cancel the visa lottery? -- Letty S.
Letty, that's right. The immigration reform proposal stipulates that the diversity visa program, known as the visa lottery, will be eliminated. However, it will be replaced by a merit-based visa program.
Immigrants who wish to obtain permanent residency in the United States will have to meet all of the requirements outlined in the bill. In addition, the proposal establishes a point system to be awarded to each person, based on education, employment, length of residence in the U.S. and other considerations.
The people with the highest number of points will obtain the visas. It is estimated that talented people, in work programs and with families in the United States will be the ones who will obtain these visas.
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