Democrats Control House & Senate – Look For Immigration Reform In 2007!

As you've no doubt heard by now, the Democrats won a clear victory in the House and close majority in the Senate. That means that the Democrats take majority control in both houses of Congress, and will take control of all committees in both the Senate and the House, including those with jurisdiction over immigration policy.

The consequences of this week's elections for comprehensive immigration reform are very positive and could well mean that both Houses of Congress will pass significant Immigration Reform legislation by mid 2007 if not before. Let’s keep our fingers crossed and pressure on the newly elected representatives once they take office in January 2007!

IMMIGRATION QUESTIONS:

Question:  I'm a U.K. citizen and I’m currently in the U.S. for 90 days. What is the maximum amount of time I can stay? I would like to know the list of the Caribbean Islands where I could travel departing from the U.S. to obtain 90 more days on my return. Is that possible?  I wanted to stay at the U.S. at least 6 months and I know I can't apply for an extension visa from here. If I want to stay longer, is it possible for me to extend my time in the U.S. for a few months more? 

Answer:  As a U.K. citizen, you are here in the U.S. on the Visa Waiver Program which allows visitors from about two dozen countries to enter the US for up to 90 days without a tourist visa. The key restriction is that the time cannot be extended and one cannot change to another non-immigrant status while here under that program. Departing for Canada, Mexico or the Caribbean will not be considered to be a departure from the US for purposes of getting 90 days additional stay. Unless you stay in the Caribbean for more than 30 days or go to a non-Caribbean country (other than Mexico or Canada) during the 30 days, you will not get 90 more days on the Visa Waiver. Individuals on the Visa Waiver or those from Canada cannot extend their stay in the U.S. and cannot change to another status in the U.S. For example, normally, an individual who has a U.S. tourist visa (B1/B2) in his or her passport can change to a non-immigrant visa like an H-1B work visa, or F-1 student visa, etc. However, since those from countries like the U.K. and Canada do not require tourist visas, once they enter the U.S., they cannot change to any other type of visa. The only status they could change to would be adjustment of status to a Green Card, through marriage to a U.S. citizen.

Question:  I’m 24 yrs old, never married, visiting in Miami with my father. He has just become a U.S. citizen recently and he filled a family visa application for my green card for me three months ago and now I have a job offer in US and they will provide an H-1B visa. I want to know if it is possible to get H1 visa while my green card application has been started.  

Answer:  Since you are no longer a single, minor and your father filed an I-130 Petition for Alien Relative for you recently, you are in the 1^st preference visa category for adult, unmarried sons/daughters of U.S. citizens. The November 2006 Visa Bulletin shows that visas are available in that category for April 2001. That means you have about a 5-year wait. If you are inside the U.S., of course you need to maintain your legal status or under current regulations, you would not be able to obtain adjustment to a Green Card holder. An H-1B temporary work visa is an excellent way to maintain your status and does not conflict in any way with the I-130 immigrant visa filed for you by your father. H-1B work visas are "dual intent", meaning you can have both the intent to work temporarily in the U.S. and the intent to immigration. An immigration officer will not deny the application because he or she believes you will immigrate to the US. Just remember that if you are inside the U.S. now, you will not be able to apply for the H-1B until April 1, 2007, for a work start date of Oct. 1. 2007. Further, if your I-94 expires before Oct 1, 2007, the USCIS will approve your H-1B visa for you to pick up at the U.S. consulate in your home country, you cannot change in the U.S. The only exception is if you are in some other non-immigrant status, for instance if you change to a student visa, etc. Good luck!