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New York Immigration, Will The New Immigration Law Pass? What Does It Mean?

One can’t predict exactly when the new immigration will it pass or what it will consist of yet. If the Senate passes the amnesty reform bill the House of Representatives needs to concur. The House is much more conservative and will want to negotiate for a law that is closer to their narrower perspective. The powerful Latino community decisively favored the Administration in the last election and to win back the confidence of Latinos, the Republicans in the House of Representatives must accept some of these reforms or consign themselves to a future of a minority party.

One of the likely reforms in the new immigration law would be to pardon undocumented immigrants, who after being arrested at the border, thereafter failed to appear at their hearings. They were ordered deported, but would be eligible for amnesty. The amnesty also will probably forgive fraudulent entries at the border, or fraudulent statements or failure to mention significant material facts that would have resulted in a Consular denial. For aliens who crossed the border a second or third time after having been deported, who were desperate to come back because they have wives and children in the U.S. they might be excused because these immigrants needed to rejoin their families here, to support them and to care for them.

A badly needed reform in the new immigration law would enable a U.S. citizen over age 21 to apply for a parent for a Pardon. Now if a parent had been previously deported, the U.S. citizen child cannot apply for a Waiver. U.S. citizen spouses or parents may apply for a Waiver but not a U.S. citizen child. This reform would place U.S. citizen children in the same place as a U.S. citizen parent or a U.S. spouse. U.S. citizen children suffer unusual hardship if their parents are barred from coming back as well as U.S. spouses and U.S parents. These parents rarely have U.S. parents still alive to apply for them and few have U.S. citizen spouses. This amendment would be a major reform for this type of case.

What does the new immigration law mean? The Obama immigration law will provide work authorization to recipients. Many of the undocumented, in the aggregate about eleven million, have been here for many years and often have immediate family here. These American citizen children and American citizen spouses would suffer extreme hardship if these immediate relatives were deported.
The new Obama law would likely allow these undocumented immigrants to apply for permission to travel.

The Obama immigration law would have a cut-off date, for example at least two years of continuous residence here. If these undocumented have US spouses or U.S. children these immigrants would most likely be granted the right to stay here, even if they only have few years of continuous residence here.

The government would take fingerprints of each applicant to ascertain if an applicant has a serious penal record such as an aggravated felony. Minor crimes would not be an impediment, only serious felonies such as murder, rape, armed assault, robbery and conspiracy to commit a serious crime.

It is certain that the government would require the production of tax returns to prove that the undocumented alien is of good moral character. The federal government would be granting tax I.D.’s and social security numbers for immigrants whose applications are likely to be approved.

Medical examinations and health records would also be required to assure that the applicant would not be a danger to U.S. communities and also to ascertain whether the applicant has a serious mental affliction that would be a danger to society.

The time period that would be required for permanent residence is still conjectural. The Republicans want a much longer period of waiting before these undocumented become residents, the Democrats are determined that a shorter period would be appropriate. At the moment the Republicans also are opposed to granting these undocumented aliens U.S. Citizenship; the President and the Democrats are insisting that the ultimate goal is that U.S. citizenship will be available.

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