Bush speaks out about immigration reform

During a recent speech, President Bush spoke on immigration, saying “… I know there needs to be a worker program that says you can come here on a temporary basis and work here legally for jobs Americans aren't doing. If you talk to employers such as these folks, they'll tell you they need workers. And people are willing to do the work that others aren't willing to do, but we want to make sure there's a legal way to do it. … We cannot kick people out who have been here for a while. And so I look forward to working with Congress on a rational plan as to how to make sure people who have been here, the 11 million or so people who have been here for a while are treated with respect and dignity. I'm absolutely opposed to amnesty. Amnesty says you're automatically a citizen. That would be a mistake to grant amnesty. Amnesty would say to somebody, all I've got to do is wait it out; all I've got to do is get here illegally myself and I'll become a citizen. That would be bad policy…”

House and Senate hold “field” hearings on immigration reform

Congress is in recess this week, but both the House and Senate are holding “field” hearings on comprehensive immigration reform. (Rather than proceed directly with a conference committee to reconcile the differences between the House and Senate immigration bills, House Republicans have opted to hold a two-month series of hearings that are intended to whip up their conservative base and focus attacks on the Senate approach. In response, the Senate Judiciary Committee is also holding hearings. Chairman Specter plans to promote the temporary worker program and earned legalization provisions of the Bill the Senate passed recently) Hearings began on July 5th, as the House International Relations Subcommittee on International Terrorism held a hearing in San Diego and the Senate Judiciary Committee held one in Philadelphia. The second hearing was a House hearing last week (Friday, July 7, in Laredo, TX) I will update you as information about the results of the hearings is released.

IMMIGRATION QUESTIONS:

Question: I heard from a friend that it is now possible to apply for Citizenship after only 4 years as a Green Card holder, is that true?

Answer: This is not true. Our office has received numerous inquiries recently as to whether it is now possible to naturalize to U.S. citizenship after having permanent residence for four years rather than five. The law governing this requirement has not changed, as of this writing. The naturalization requirements remain at five years of permanent residency for jost cases (you can apply 4 yrs and 9 months). People who are married to U.S. citizens generally can apply for naturalization after three years (2 yrs and 9 months), if the couple has been married for at least three years and the U.S. citizen-spouse has been a U.S. citizen for at least three years.

Question: I went to my marriage residency interview last month and I got my Green Card yesterday, but it is only good for 2 years! I thought I got my full residency. Why is it only two years? I have a friend who got his residency last year and he got the full 10 yrs. I am so upset - I hope that you can put this in your column and give me the answer.

Answer: When a foreign national marries a U.S. Citizen, he or she has to wait until going to a Residency “Marriage or Adjustment Interview” at the USCIS office to obtain a decision on the residency application. The difference in obtaining Permanent Residency versus Conditional Residency relates entirely to the time the couple has been married at the time of the  “Adjustment Interview”. If the couple has been married for at least two years by the date of the interview, then the USCIS officer will issue full Permanent Residency. If the marriage is less than two years old, then the foreign national will only receive Conditional Residency for two years. 90 days before the two-year anniversary of receiving the Conditional Residency, a petition to remove the “conditional” status of the residency must be filed (I-751- request to remove the “conditionality” and make the residency permanent) along with lots of evidence of the continuing marriage. USCIS processing of the I-751 could take one year or more to process the request in some jurisdictions. Finally, in some cases, a second interview will be scheduled. Therefore, it is aljost certain that the reason you received only two-year “conditional” residency was because you had not been married for at least 2 yrs by the time of the interview.