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Family Immigration and Immigration Reform

Author: Family Immigration Lawyer Alena Shautsova

Law Office of Alena Shautsova, a New York Immigration law firm located in Brooklyn, is assisting immigrants with family immigration and immigration reform.

While millions of people are awaiting for Immigration reform, the Senators prepare for the Easter break, and indicated (according to the Washington Times) that the Immigration bill will likely be the next on their docket.

Even though a family immigration attorney can help immigrants to stay untied with their permanent resident or US citizen spouses and children, in many situations current Immigration laws prevent families from doing so.

The current system of family based immigration is flawed. It does not allow families to stay together, and standards imposed to overcome the possible separation are too high, impractical and unrealistic. For example, spouses of the LPR (lawful permanent residents) cannot adjust their status immediately after the marriage with the LPR. They have to wait until a visa number becomes available for them which may take years. But the worst part is that while they are waiting, they do not have any independent status and must maintain a separate legal status in order to be able to receive their green card, unless their spouse becomes a US citizen. Spouses of the US citizens who entered the country without admission and/or inspection cannot adjust their status as well. They have to leave the country and apply for an immigrant visa from the consulate overseas. Unless they qualify and get approved for I601A provisional waiver, the non-citizens have to stay separated with their families during the process, and there is no guarantee that they will be allowed to come back.

The current proposal for the Immigration reform that is being discussed by the Eight Senators focuses on registration of the illegal immigrants and them paying taxes. According to the Los Angeles Times, the proposal is somewhat similar to the 245(i) law that requires payment of the fine. The proposal is also addressing issues of skilled workers in the US, federal benefits to newly legalized residents, and “back of the line” waiting time.

If to summarize the recent discussions, it becomes apparent that there are common themes in all disputes about the reform. First, the immigrants have to pay taxes. It means that one can prepare for the reform by working with the Tax specialist and making sure the dues to the government are paid. Second, the immigrants are likely to have to pay a fine. It means that one should save up some money to afford fines, filing fees and attorney’s fees. Third, individuals with heavy criminal past will likely be out of luck. It means that the criminal records, fines, past due tickets have to be evaluated by Criminal Defense attorneys and resolved. Finally, the proposal is likely to help those who have family members with legal status in the US, or employers willing to sponsor the immigrants. It means that it might be a good time to arrange for I-130 or I-140 forms to be filed on undocumented person’s behalf.

Law office of Alena Shautsova is a full service New York Immigration law firm; our New York Immigration attorneys will fight for your immigration status; we fight for your dreamed entry Into the United States and ability to live without pressure of being deported; we take the worries regarding your immigration status out of your life; call us today 917-885-2261.

18 March 2013
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