New Legislation

[terri o'neale 0]

This new legislation that the Senate is debating...does any of it effect us? Anyone know?

[aussiewench 9]

Presently there has been legal action where it has begun to be challenged in the courts as unconstitutional.

http://fianceevisalawyer.com/

I am reading so many diffent things that I am still unclear on its effect on those not going through a marriage broker.

Im assuming that's the legislation you are referring to???

Edited March 28, 2006 by aussiewench

[terri o'neale 0]

Actually I was referring to this sweeping immigration legislation that passed the House and is in the Senate now. Now they are talking about some sort of amnesty. Just wondering if maybe some of us could utilize that to get and/or keep our spouse here?

Terri

[desert_fox 32]

Actually I was referring to this sweeping immigration legislation that passed the House and is in the Senate now. Now they are talking about some sort of amnesty. Just wondering if maybe some of us could utilize that to get and/or keep our spouse here?

Terri

What was approved by the Senate Committee is vastly different from what was passed by the House. The Senate version now will go to the floor of the Senate where there will be a debate with many more changes. Once the Senate finally approves a version, it will go to a joint House-Senate committee to work out the differences, as both the House and the Senate have to pass an identically worded Bill. Once this is done it will go to the Pres for signature.

I dont think that they are close to the final version yet.

[lucyrich 20]

Actually I was referring to this sweeping immigration legislation that passed the House and is in the Senate now. Now they are talking about some sort of amnesty. Just wondering if maybe some of us could utilize that to get and/or keep our spouse here?

Terri

What was approved by the Senate Committee is vastly different from what was passed by the House. The Senate version now will go to the floor of the Senate where there will be a debate with many more changes. Once the Senate finally approves a version, it will go to a joint House-Senate committee to work out the differences, as both the House and the Senate have to pass an identically worded Bill. Once this is done it will go to the Pres for signature.

I dont think that they are close to the final version yet.

That's correct. The House passed an "enforcement only" provision that would have made falling out of status a felony. A Senate committe passed a sweeping provision that would allow those who entered illegally to adjust status after paying a fine and meeting other requirements. That hasn't passed the full Senate yet.

Before the law is changed, both the full House and the full Senate have to pass the same text, and then the president has to sign it, or else it has to be vetoed and have the veto overridden. We're a long way from that.

The House provision to make illegal presence a felony could have an effect on K-1 couples. The K-1 status expires 90 days after entry. You must marry before 90 days are up, and then file for adjustment of status. Presently, if you file your adjustment of status paperwork a little bit later than 90 days (say, you've got to wait to get a certified copy of the marriage certificate from the courthouse), you'll technically fall out of status for awhile, but a few days or even weeks will be overlooked. If the House provision were to become law, then falling out of status for even one day would be a felony! That has MUCH more serious consequences than the present situation.

The House bill also made it a crime for anyone to offer any kind of assistance to anyone here illegally. So if you fell out of status because you didn't get that marriage certificate in time to file adjustment of status, and then if your spouse provided you with food or shelter while you were illegally present, your spouse could also be jailed for providing assistance to you.

It's a bit early to say what, if any, changes will be coming, but I don't believe those House provisions will make it into law.