Conditional Residence for 6 Years? For whom?

[internetkafe 0]

I read the text of the new Senate legislation and came accross with a startling information.

I do not know if CR1 visa holders will be effected by the new legislation. It says the Conditional Residence period is going to be 6 years. And Conditional residents will not be able to get Federal Higher Education Grants (FAFSA) anymore but just loans.

What do you think? Will these conditions effect us (legal immigrants)?

If it does then it will mean rewarding illegality/breaking of laws and punishing law-abiding people more.

I need your opinion on the new situation if the Senate passes this legislation as it is.

Thanks.

The link to Senate pages:

http://thomas.loc.gov/cgi-bin/query/z?c109:S.2611: (in general)

http://thomas.loc.gov/cgi-bin/query/F?c109...7W7eRa:e601688: (RELATED TO CPR)

[maria_b84 0]

Well I cannot really tell you, maybe it is going to effect a lot of things....I am doing theAOShere in the US and since I have bene married for more than 2 years, I wont have the conditional on my GC. It kind of sucks that conditional residents might not be able to get Financial Aid. Conditional or not, I think everyone should get the same rights.

Maria

[internetkafe 0]

Yes but what made me complain about this new bullshit from senate is that legal immigrants are punished and illegals are rewarded. Legal immigrants are going to lose some of their already scant rights under the law. That is really annoying.

[crashandcari 0]

I read the text of the new Senate legislation and came accross with a startling information.

I do not know if CR1 visa holders will be effected by the new legislation. It says the Conditional Residence period is going to be 6 years. And Conditional residents will not be able to get Federal Higher Education Grants (FAFSA) anymore but just loans.

What do you think? Will these conditions effect us (legal immigrants)?

If it does then it will mean rewarding illegality/breaking of laws and punishing law-abiding people more.

I need your opinion on the new situation if the Senate passes this legislation as it is.

Thanks.

The link to Senate pages:

http://thomas.loc.gov/cgi-bin/query/z?c109:S.2611: (in general)

http://thomas.loc.gov/cgi-bin/query/F?c109...7W7eRa:e601688: (RELATED TO CPR)

Hi.. I can't get the 2nd link (related to CPR) to open.. can you explain more about this 6 year conditional residence?

[internetkafe 0]

Crashandcari,

I do not know therefore I can not explain but I copied and pasted the related part of the text below:

S.2611

Comprehensive Immigration Reform Act of 2006 (Placed on Calendar in Senate)

--------------------------------------------------------------------------------

SEC. 625. CONDITIONAL PERMANENT RESIDENT STATUS.

(a) In General-

(1) CONDITIONAL BASIS FOR STATUS- Notwithstanding any other provision of law, and except as provided in section 626, an alien whose status has been adjusted under section 624 to that of an alien lawfully admitted for permanent residence shall be considered to have obtained such status on a conditional basis subject to the provisions of this section. Such conditional permanent resident status shall be valid for a period of 6 years , subject to termination under subsection (B).

(2) NOTICE OF REQUIREMENTS-

(A) AT TIME OF OBTAINING PERMANENT RESIDENCE- At the time an alien obtains permanent resident status on a conditional basis under paragraph (1), the Secretary shall provide for notice to the alien regarding the provisions of this section and the requirements of subsection © to have the conditional basis of such status removed.

(B) EFFECT OF FAILURE TO PROVIDE NOTICE- The failure of the Secretary to provide a notice under this paragraph--

(i) shall not affect the enforcement of the provisions of this subtitle with respect to the alien; and

(ii) shall not give rise to any private right of action by the alien.

(B) Termination of Status-

(1) IN GENERAL- The Secretary shall terminate the conditional permanent resident status of any alien who obtained such status under this subtitle, if the Secretary determines that the alien--

(A) ceases to meet the requirements of subparagraph (B) or © of section 624(a)(1);

(B) has become a public charge; or

© has received a dishonorable or other than honorable discharge from the uniformed services.

(2) RETURN TO PREVIOUS IMMIGRATION STATUS- Any alien whose conditional permanent resident status is terminated under paragraph (1) shall return to the immigration status the alien had immediately prior to receiving conditional permanent resident status under this subtitle.

© Requirements of Timely Petition for Removal of Condition-

(1) IN GENERAL- In order for the conditional basis of permanent resident status obtained by an alien under subsection (a) to be removed, the alien must file with the Secretary, in accordance with paragraph (3), a petition which requests the removal of such conditional basis and which provides, under penalty of perjury, the facts and information so that the Secretary may make the determination described in paragraph (2)(A).

(2) ADJUDICATION OF PETITION TO REMOVE CONDITION-

(A) IN GENERAL- If a petition is filed in accordance with paragraph (1) for an alien, the Secretary shall make a determination as to whether the alien meets the requirements set out in subparagraphs (A) through (E) of subsection (d)(1).

(B) REMOVAL OF CONDITIONAL BASIS IF FAVORABLE DETERMINATION- If the Secretary determines that the alien meets such requirements, the Secretary shall notify the alien of such determination and immediately remove the conditional basis of the status of the alien.

© TERMINATION IF ADVERSE DETERMINATION- If the Secretary determines that the alien does not meet such requirements, the Secretary shall notify the alien of such determination and terminate the conditional permanent resident status of the alien as of the date of the determination.

(3) TIME TO FILE PETITION- An alien may petition to remove the conditional basis to lawful resident status during the period beginning 180 days before and ending 2 years after either the date that is 6 years after the date of the granting of conditional permanent resident status or any other expiration date of the conditional permanent resident status as extended by the Secretary in accordance with this subtitle. The alien shall be deemed in conditional permanent resident status in the United States during the period in which the petition is pending.

(d) Details of Petition-

(1) CONTENTS OF PETITION- Each petition for an alien under subsection ©(1) shall contain information to permit the Secretary to determine whether each of the following requirements is met:

(A) The alien has demonstrated good moral character during the entire period the alien has been a conditional permanent resident.

(B) The alien is in compliance with section 624(a)(1)©.

© The alien has not abandoned the alien's residence in the United States. The Secretary shall presume that the alien has abandoned such residence if the alien is absent from the United States for more than 365 days, in the aggregate, during the period of conditional residence, unless the alien demonstrates that alien has not abandoned the alien's residence. An alien who is absent from the United States due to active service in the uniformed services has not abandoned the alien's residence in the United States during the period of such service.

(D) The alien has completed at least 1 of the following:

(i) The alien has acquired a degree from an institution of higher education in the United States or has completed at least 2 years, in good standing, in a program for a bachelor's degree or higher degree in the United States.

(ii) The alien has served in the uniformed services for at least 2 years and, if discharged, has received an honorable discharge.

(E) The alien has provided a list of all of the secondary educational institutions that the alien attended in the United States.

(2) HARDSHIP EXCEPTION-

(A) IN GENERAL- The Secretary may, in the Secretary's discretion, remove the conditional status of an alien if the alien--

(i) satisfies the requirements of subparagraphs (A), (B), and © of paragraph (1);

(ii) demonstrates compelling circumstances for the inability to complete the requirements described in paragraph (1)(D); and

(iii) demonstrates that the alien's removal from the United States would result in exceptional and extremely unusual hardship to the alien or the alien's spouse, parent, or child who is a citizen or a lawful permanent resident of the United States.

(B) EXTENSION- Upon a showing of good cause, the Secretary may extend the period of the conditional resident status for the purpose of completing the requirements described in paragraph (1)(D).

(e) Treatment of Period for Purposes of Naturalization- For purposes of title III of the Immigration and Nationality Act (8 U.S.C. 1401 et seq.), in the case of an alien who is in the United States as a lawful permanent resident on a conditional basis under this section, the alien shall be considered to have been admitted as an alien lawfully admitted for permanent residence and to be in the United States as an alien lawfully admitted to the United States for permanent residence. However, the conditional basis must be removed before the alien may apply for naturalization.

[Kathryn41 3,205]

This section seems to relate to individuals affected by section 624 - a section of the legislation that is not included with this link containing recommended modifications. Reading down the material, it seems to relate to individuals who are studying in the US or are serving in the US armed services and doesn't seem to apply to those who are adjusting their status through marriage. Of course, until we see who those affected by section 624 really are, it isn't a sure thing.

Edited May 21, 2006 by Kathryn41

[meauxna 15]

I read the text of the new Senate legislation and came accross with a startling information.

I do not know if CR1 visa holders will be effected by the new legislation. It says the Conditional Residence period is going to be 6 years. And Conditional residents will not be able to get Federal Higher Education Grants (FAFSA) anymore but just loans.

What do you think? Will these conditions effect us (legal immigrants)?

If it does then it will mean rewarding illegality/breaking of laws and punishing law-abiding people more.

I need your opinion on the new situation if the Senate passes this legislation as it is.

Thanks.

The link to Senate pages:

http://thomas.loc.gov/cgi-bin/query/z?c109:S.2611: (in general)

http://thomas.loc.gov/cgi-bin/query/F?c109...7W7eRa:e601688: (RELATED TO CPR)

I'm glad you came back to clear this up, bceause I couldn't find anything in there to support what you were asking about...

First of all, the section you were reading is titled The Dream Act, which I happened to have heard of, so had a clue, but reading on it should be clear that this entire bill is related to people who are already here illegally. The Dream Act is for the folks who were brought here as children and raised "as Americans" without actually being so. When it comes college time, these kids aren currently screwed. I am in favor of doing something for these kids, because I knkow a few of them personally.

The part you quoted/highlighted is preceeded with

"an alien whose status has been adjusted under section 624 to that of an alien lawfully admitted for permanent residence "

So I went and looked at section 624, which is headed:

SEC. 624. CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS OF CERTAIN LONG-TERM RESIDENTS WHO ENTERED THE UNITED STATES AS CHILDREN.

Essentially, this is creating a new class of 'conditional residents' and has nothing to do with CR-1 folks. They're saying that they'll give illegals a break so they can stay, but their residency will be with conditions (as a punishment?)

I'll be eager to hear if anyone can explain this better, or correct my error if I'm wrong.

[internetkafe 0]

Thank you for your explanation meauxna

I hope this is just for people you say it is designed for. Otherwise it would be a big injustice in my opinion.

I do not have a green card yet; that is why I am worried if it effects people like me..this new 6 year conditional residency.

Thank you for your reply too Kathryn41.

Speaking of higher education grants (FAFSA). What is the current situation regarding Conditional Residents' benefiting from this? This was one of the very few things people who came here with an Affidavit of Support for them can/could(?) get.

[Sweetgirl 0]

Thank you for your explanation meauxna

I hope this is just for people you say it is designed for. Otherwise it would be a big injustice in my opinion.

I do not have a green card yet; that is why I am worried if it effects people like me..this new 6 year conditional residency.

Thank you for your reply too Kathryn41.

Speaking of higher education grants (FAFSA). What is the current situation regarding Conditional Residents' benefiting from this? This was one of the very few things people who came here with an Affidavit of Support for them can/could(?) get.

HI! I also would like to make sure that this new Senate bill about the 6 years Conditions is not gonna change the Removing Conditions process based on FromI-751 ? In case if i will be approved i will receive the Unconditional 10 year Card right? I hope they are not gonna give me another 6 year Conditional Card

Please clarify this for me as for some reason i dont get the English 100%.

Thank you.

[meauxna 15]

HI! I also would like to make sure that this new Senate bill about the 6 years Conditions is not gonna change the Removing Conditions process based on FromI-751 ? In case if i will be approved i will receive the Unconditional 10 year Card right? I hope they are not gonna give me another 6 year Conditional Card

Please clarify this for me as for some reason i dont get the English 100%.

Thank you.

SG,

My interpretation is that this condition applies ONLY to people who were brought into the US illegally (parents snuck over the border) when they were children.

If this is not you, don't worry about it.

[Sweetgirl 0]

HI! I also would like to make sure that this new Senate bill about the 6 years Conditions is not gonna change the Removing Conditions process based on FromI-751 ? In case if i will be approved i will receive the Unconditional 10 year Card right? I hope they are not gonna give me another 6 year Conditional Card

Please clarify this for me as for some reason i dont get the English 100%.

Thank you.

SG,

My interpretation is that this condition applies ONLY to people who were brought into the US illegally (parents snuck over the border) when they were children.

If this is not you, don't worry about it.

Thank you for clarifying that for me ,i appreciate that.

[crashandcari 0]

yes thanks for clearing that up for us too... can all be a bit confusing cant it? lol