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Title: Will I qualify for a work permit?

Posted on July 31, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I entered the United States a couple of months ago as a visitor and would now like to work in the United States. I have a degree in Business with an emphasis in accounting and have a couple of firms interested in hiring me. Do I qualify for a work permit, and if so, what must I do?

Answer: First, based upon your degree, you qualify for what is known as a Specialty Occupation Work Visa. This is also known as the H-1B. It is meant for positions which require specialized knowledge and where a college degree is the norm for the industry. Therefore, your position would qualify. You would need to be hired as an accountant.

Question: How do you know that an accountant is a specialty occupation?

Answer: There are many sources that can be viewed from the Department of Labor. These sources are either on the internet, or in printed publication. It basically states what the normal duties for the particular position are and what are the normal educational requirements needed to successfully perform the job.

Question: What type of company must sponsor me?

Answer: As an accountant, any company can sponsor you. Every company can use an accountant. If you had said that you had a degree in biology, your sponsoring companies would have to be much narrower. They would specifically have to deal with biology. The H-1B can be full-time or part-time.

Question: Do I have to leave the U.S. to get the visa?

Answer: Yes, you would have to leave the U.S. to get the visa. However, should you want to stay in the U.S., you can get a change of status from B2 (Visitor), to H-1B (Specialty Occupation Work Visa) Then, you would not have to leave the United States in order to start working for the company. However, if you did leave the United States, you would have to get the Visa in order to return to the United States. It is always possible to get the Visa approved at INS, but to get it denied at the Consulate. You would want to take this into consideration if you decided to leave after successfully getting your status changed to H-1B.

Question: How long does it take to get the answer from INS on whether they will approve the H-1B Petition?

Answer: Now it is taking from 6 to 9 months depending where you live. Should you want it much faster than that, you can put it through INS via Premium Processing. This is exactly what it implies. It goes to the top of the stack and is processed by INS within 15 days of receipt. All you need to do is pay INS $1,000.00 for them to process it as a Premium Process case. If they do not get the answer back to you within 15 days, then you get your $1,000.00 back.

Thus, the H-1B is a very good visa for someone with a college education to have. If you can get a sponsor related to your college degree, then you can see if the H-1B can be done. Usually, it is issued initially for 3 years and can be extended for another 3 years. In cases whereby the person has applied for Labor Certification and has waited for a considerable period of time, they can now apply for an even further extension of the H-1B. It is one of the nicest and most popular work visas available.

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Immigration Article: Special Registration. What is it?

Posted on July 29, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I have heard that there is some kind of law out that requires some people from certain countries to register with the INS. Who does this affect and what does it mean?

 Answer: You are correct. There is a new procedure referred to as Special Registration. The deadline, if you are a national of one of the designated countries is January 10, 2003. This Notice requires certain nonimmigrant aliens to appear before, register with, and provide requested information to the Immigration and Naturalization Service on or before January 10, 2003. It applies to certain nonimmigrant aliens from one of the countries designated in this Notice who was last admitted to the United States on or before September 30, 2002, and who will remain in the United States until at least January 10, 2003.

 The countries originally specified were Iran, Iraq, Libya, North Korea, Sudan, and Syria. Just recently, the following countries were added to this list of seven. Pakistan, Saudi Arabia, and Yemen who are males between the ages of 16 and 45. Finally, the following 13 countries have been added: Afghanistan, Algeria, Bahrain, Eritrea, Lebanon, Morocco, North Korea, Oman, Qatar, Somalia, Tunisia, United Arab Emirates, and Yemen.

Question: What if one of my friends is a Lawful Permanent Resident or U.S. Citizen from one of those countries? Must he also register?

Answer: No. This is only meant for persons who are on temporary visas in the U.S.

Question: What exactly must be done if a person is from one of the above listed countries to comply with the special registration requirement?

Answer: Registrants must register at the designated INS district office 30 days after they enter the United States and re-register annually. Of course, if they have not yet registered, they must go the INS district office before January 10, 2003. If a registered foreign national leaves the United States for either business or pleasure, he or she must notify the INS of all plans for departure, and depart through one of eighteen pre-approved airports or one of fifty approved land or seaports. This means that they cannot simply leave the U.S. without notifying the INS. Failure to notify the INS of a departure could render a foreign national inadmissible upon return to the United States. These people will be fingerprinted, questioned and photographed.

 They must re-register within 10 days of each anniversary. A willful failure to comply with these requirements renders the person deportable from the United States.

Question: When do all these provisions go into effect and does it take some rights away from these people?

Answer: Immediately. As we can see, the U.S. government is becoming more of a ‘big brother’ type government. As with anyone, I would do anything to prevent another terrorist attack. However, I do believe that some constitutional rights are going to be infringed on these people whom have nothing to do with terrorism. The scary part is when these registration requirements spill over onto the general population. We must fight for our constitutional rights and be careful of a government that takes liberties and rights away in the name of national security.

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Immigration Article: Homeland Security Passes (Part I)

Posted on July 28, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I have heard that the Homeland Security Bill has passed the House and the Senate. I am confused on know this will effect several people whom I know are in the immigration process. Could you give me some background on what exactly this bill does?

 Answer: First, and foremost, this bill referred to as the “The Homeland Security Act of 2002” creates a new department within the United States Government. The main purpose of this department is to prevent terrorism and to make the United States safer. The bill is enormous. It is over 400 pages and deals with a huge variety of issues. Of course, my response will mainly focus on the immigration issues.

The Immigration and Naturalization Service will cease to exist in its present capacity. If fact, the Homeland Security Bill abolishes the INS. There are two major functions currently in the INS. One is the enforcement division which is concerned with deportation/removal and enforcement of the immigration laws. This part of INS is going to be transferred to what is known as Bureau of Border Security under the Department of Homeland Security. The duties of issuing visas will now be transferred to the Under Secretary for Border and Transportation Security in tandem with the Secretary of State. The issuance of Visas will be headed by the Secretary of Homeland Security.

Question: Are there any other new departments? Specifically, who will rule on applications sent to INS?

 Answer: Section 451 of the Bill creates the establishment of Bureau of Citizenship and Immigration Services. This sub-department will perform the following functions: 1) Adjudications of immigrant visa petitions; 2) Adjudications of naturalization petitions; 3) Adjudications of asylum and refugee applications; 4) Adjudications performed at service centers; and 5) All other adjudications performed by the Immigration and Naturalization Service.

Question: When do all these provisions go into effect?

 Answer: Again, the INS would look at this as fraud. In fact, if you get married within less than 60 days after entry to the U.S. on the Visitor Visa, you are presumed to have committed fraud. Not only will the application for Lawful Permanent Residency be denied, you could very well get deported because of the fraud.

Question: What are the consequences of doing the change of status right after entering the U.S.?

 Answer: First, they could deny your change of status application and you could go out of status. Next, the INS may very well assume that you committed fraud. That is, when you got the Visitor Visa and entered the U.S. that you did not really intend to visit, but rather, intended to go to school or to work in the United States. If that happens, you could be deported because you committed misrepresentation and fraud. The fraud will stay with you forever and never goes away. If you ever want to reenter the U.S., you will need to get a Fraud Waiver. Those are not easy waivers to obtain.

Question: What is the best way to avoid these drastic consequences?

Answer: First, the way that people come into the U.S. is probably going to change. You must decide whether you want to go to school or work since these are the options you might be considering. If you are intending on going to school, then you should get the I-20 and apply for the Student Visa from your home country. Then, when you enter the U.S., you will be entering as a Student, not a Visitor. Alternatively, if you want to work in the U.S., you should have your sponsor file the petition prior to you getting to the U.S. Therefore, you will not have any allegations by INS that you committed fraud. You need to be very careful if you come to the U.S. with a Visitor Visa and then change your status right away. Obviously, since you only will be getting 30 days in the U.S., you must strongly consider not getting a change of status in the U.S.

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Immigration Article: To Extend or Not to Extend?

Posted on July 27, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I entered the United States on a Visitor Visa. I have been here for about 4 months and my status will expire in another two months. Can I simply extend my status without going back to my home country?

 Answer: Prior to September 11, 2001, it would not have been a problem. These types of extensions were quite easy and were usually approved without any problems. However, after September 11, 2001, new regulations have come out regarding the B1/B2 Visitor Visa. These regulations first were issued to make it clear that persons entering the United States do not automatically get a Visitor Visa for six months. Rather, they could get the Visitor Visa for only a month, or the time required for the stay in the United States. Thus, you might have been able to get a Visitor Visa at the U.S. Embassy or Consulate for six months, but when you entered the United States, the Immigration and Naturalization Service might have only given you a lawful stay of 30 days.

This has had the effect of decreasing the number of people who visit the United States. Realistically, when you are traveling from around the world or some distant country, it was not worth the risk for people to stay only a month (especially if this was a once or twice in lifetime type of vacation.) Also, the uncertainty of being issued a Visitor Visa at the Consulate for a certain period of time, only to have it reduced significantly at the border did not bode well with travelers.

 Now, the Immigration and the Naturalization Service has denied many extensions for Visitor Visas. Additionally, many of the ones that have been granted have been granted for only 15 to 45 days. While some extensions are being granted, a large number of extensions are getting what is known as a Request for Evidence. This is a document whereby the Immigration and Naturalization Service does not yet deny the extension, but rather, asks for more information before making a decision. Some Requests for Evidence are intensive consisting of many pages. In some cases, by time you get the response to the Request for Evidence, either the extension is denied, or it was approved for a very small time which has already passed.

 Question: What happens if the denial comes, or if your status is extended, but by time you get the approval notice, the approval date has already passed?

Answer: You will most likely be out of status. If this occurs, then you will not be able to change your status or adjust your status in the United States. You will have to leave the United States and go back to your home country in order to reapply for the Visitor Visa. Once they see that you have been out of status, it will be very difficult to get the Visitor Visa. Additionally, the Consulate or Embassy officers will see that you have just come back from the United States and may not believe you are intending on returning to your home country. Finally, depending on how long it has been since you were out of status, you might be barred from coming back into the United States for the next 10 years.

Question: Is there any other way to remain in the United States without having to go back to my home country?

Answer: Yes. Rather than an extension of your status, you would apply for a change of status to some other type of status. You can obtain a Student change of status. This will allow you after it is approved to go to a designated school. Alternatively, there are a myriad of different types of work visas to allow you to work legally and remain in the country. At this point, I would not recommend doing the extension of the Visitor Visa. Rather, I would recommend that you change your status to some other type of status such as student, exchange or work status.

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How can I leave the U.S. with an expiring Green Card?

Posted on July 17, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I have heard that most things are taking longer at the United States Citizenship and Immigration Services. My problem is that I must renew my Green Card as it is expiring. However, my father is gravely ill and I want to visit him before he dies. What can I do?

Answer: First, if you leave the U.S. without having a valid Green Card, you will not be able to return to the U.S. and you will have very significant problems. You are correct that in that many applications at USCIS are taking longer. Just recently, U.S. Citizenship and Immigration Services (USCIS) announced the launch of the I-90 pilot project in Los Angeles that will reduce the wait time to replace or renew a permanent resident card or green card from a year to less than a week. The pilot project takes advantage of electronic filing of applications on the USCIS website offering persons such as yourself a convenient and simple-to-use alternative to mailing in applications for benefits.

“This pilot allows us to dramatically reduce the time it takes to process an application for renewal or replacement of a green card,” said Jane Arellano, Los Angeles District Director. “All it takes, once the applicant has filed electronically, is a visit to one of our Application Support Centers. Applicants get a new green card in less than a week, in most cases.” Customers wanting to take advantage of the new I-90 pilot can go to http://www.uscis.gov and file by using the E-Filing feature. The receipt that’s produced by that transaction shows a toll-free number that applicants can call to make an appointment at the USCIS Application Support Center (ASC) that is closest to them. During the visit, the ASC will order a permanent resident card for customers to receive in under a week. The current wait time for green cards to be produced by the USCIS California Service Center is just under one year. Customers who wish to speed up the process of an already-filed I-90 application can elect to re-file electronically, and participate in this new pilot program. Second-time filers will pay a second fee. “We are offering our customers a quicker and more convenient way of doing business,” said Jane Arellano, Los Angeles District Director. “This new pilot will allow us to offer the kind of service that our customers need and deserve.”

The I-90 pilot project in Los Angeles is one of several USCIS Internet-based customer service initiatives.

In March, USCIS also launched InfoPass in Los Angeles. This customer friendly initiative allows customers to go online instead of waiting in long lines at the Los Angeles District Office to make an appointment with an information officer. Before InfoPass, customers would start lining up at the USCIS office in Los Angeles early in the morning; some customers would wait all day. InfoPass means the end of long lines and has the potential to eliminate lines completely. InfoPass began in Miami and was also recently implemented in Dallas. USCIS plans to expand InfoPass in Arlington, VA, New York City, and Detroit.

Thus, in the computer age, CIS is finally taking advantage of the technology. Therefore, if there are no other issues in your case and you happen to live in the Los Angeles area, you can use this service. If it works, it is likely to spread over the entire U.S. as time passes. The same is true of InfoPass.

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I can file online!

Posted on July 16, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I have heard that in the past the USCIS has accepted work permit applications online and that this program has been very effective. Why do they not accept more types of forms online?

Answer: Actually, USCIS expanded their e-filing service online as of May 26, 2004. Now, the U.S. Citizenship and Immigration Services (USCIS) include six new forms for customers to apply for immigration benefits online to expand its E-Filing program.

Initially, when the Internet-based customer service initiative began last year (May 2003), it allowed customers to file for two of the most frequently used applications online: Application to Replace a Permanent Resident Card (Form I-90) and Application for Employment Authorization (Form I-765).

With the addition of the six new forms online, E-Filing now supports eight forms that account for more than 50% of the total volume of benefits applications USCIS receives annually. Since the establishment of E-Filing, more than 115,000 customers have chosen to apply online for immigration benefits.

Question: Can you let me know which new forms are now accepted online?

Answer: Form I-90, Application to Replace a Permanent Resident Card; Form I-765, Application for Employment; Form I-129, Petition for a Non-immigrant Worker; Form I-131, Application for Travel Document; Form I-140, Immigrant Petition for Alien Worker; Form I-539, Application to Extend/Change Non-immigrant Status; Form I-821, Application for Temporary Protected Status; Form I-907 and Request for Premium Processing Service Why Use E-Filing.

Question: Is E-filing difficult to do?

Answer: E-Filing is quick, easy and convenient because it allows you to complete and submit applications at any time, from any computer with Internet access. After filing online, you will receive instant electronic confirmation that your applications were received. You can then schedule an appointment, if necessary, to visit an Application Support Center at a convenient time – by calling the National Customer Service Center. You can schedule the appointment for the collection of a digital photograph, signature, and fingerprints. You would pay fees online with a credit or debit card or through the electronic transfer of U.S. funds from your checking or savings account. You do not need to obtain a money order or a cashier’s check.

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How can I be reunited with my family?

Posted on July 15, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

 Question: I am a Lawful Permanent Resident and have petitioned my spouse and child years ago. However, I am heartbroken because I have not been with them in years. Is there anything I can do?

Answer: The Legal Immigration Family Equity Act (LIFE Act) established a nonimmigrant category within the immigration law that allows the spouse or child of a U.S. citizen to be admitted to the United States in a nonimmigrant category. The admission allows the spouse or child to complete processing for permanent residence while in the United States. It also allows those admitted in the new category to have permission for employment while they await processing of their case to permanent resident status.

The Visa classification is known as the K-3/4 nonimmigrants. The K3 applies to the spouse and the K4 applies to the children.

Question: Who is Eligible?

Answer: A person may receive a K-3 visa if that person: 1) Has concluded a valid marriage with a citizen of the United States; 2) has a relative petition (Form I-130) filed by the U.S. citizen spouse for the person; 3) seeks to enter the United States to await the approval of the petition and subsequent lawful permanent resident status, and, has an approved Form I-129F, Petition for Alien Fiancée, forwarded to the American consulate abroad where the alien wishes to apply for the K-3/K-4 visa. The consulate must be in the country in which the marriage to the U.S. citizen took place if the United States has a consulate which issues immigrant visas in that country. If the marriage took place in the United States, the designated consulate is the one with jurisdiction over the current residence of the alien spouse,

A person may receive a K-4 visa, if that person is under 21 years of age and is the unmarried child of an alien eligible to be a K-3.

Question: How Do I Apply?

Answer: So that the alien spouse and child may apply for a K-3 nonimmigrant visa for a spouse and a K-4 nonimmigrant visa for a child, the citizen must file the necessary forms on behalf of the alien spouse with the applicable Service Center having jurisdiction over the citizen’s place of residence. The citizen petitioner will then receive a Form Notice of Action, indicating that the I-130 has been received by the BCIS. The citizen should then file a copy of this notice with the appropriate forms to the BCIS office in Illinois.

Once approved, the petition will be forwarded to the applicable consulate so that the alien beneficiary or beneficiaries may apply to the Department of State for nonimmigrant K-3/K-4 visas.

Question: Will I Get a Work Permit?

Answer: Persons in K-3 or K-4 status and applicants for adjustment to permanent resident status from K-3 or K-4 are eligible to apply for a work permit while their cases are pending.

Question: Can I Travel Outside the United States?

If you are in K-3 or K-4 status, you may travel using your unexpired K-3/K-4 nonimmigrant visa to travel outside of the United States and return, even if you are applying for adjustment of status simultaneously.

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My mother is a drug addict

Posted on July 13, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I am 16 years old and came to the U.S. many years ago when I was a small child. I have no legal status in the U.S. and have been put in foster care homes for what seems like all of my life. My father left when I was a baby and my mother has been in and out of rehab because she is a drug addict. Is there anything I can do to try to get legal status in the U.S.? I have no other family in the U.S. and am desperate.

Answer: Yes. You might qualify for what is known as the Special Immigrant Juvenile petition. Generally, this includes those juveniles deemed eligible for long-term foster care based on abuse, neglect, or abandonment.

Question: What are the basic requirements for this type of visa?

Answer: You would need the consent of the Secretary of the Department of Homeland Security (DHS) for all of these types of cases. There is also express consent required by a juvenile court showing dependency. Express consent means that the Secretary, through the CIS District Director, has determined that neither the dependency order nor the administrative or judicial determination of the alien’s best interest was sought primarily for the purpose of obtaining the status of an alien lawfully admitted for permanent residence, rather than for the purpose of obtaining relief from abuse or neglect or abandonment. In other words, express consent is an acknowledgement that the request for this type of classification is real.

Question: Procedurally, what must I do to apply for this type of petition? Also, if I am successful, what does the approval of this petition mean?

Answer: This type of petition if approved will grant you lawful permanent residency in the U.S. In other words, you will be able to obtain the Green Card. First, the special immigrant petition must be filed by what is known as the I-360 Special Immigrant Petition. Because the petition must be approved before you turn 21 years of age, you should also simultaneously submit the Adjustment of Status Application to speed up the process.

Question: What type of documents do I need to help support the application?

Answer: The Form I-360 must be supported by the following: 1) Court order declaring dependency on the juvenile court or placing you under the custody of an agency or department of a State; 2) Court order deeming that you are eligible for long-term foster care due to abuse, neglect, or abandonment; 3) Determination from an administrative or judicial proceeding that it is in your best interest not to be returned to your country of nationality or last habitual residence; and 5) Proof of your age.

The Adjustment Application must also be supported by the following documentation: 1) Your birth certificate or other proof of identity; 2) A sealed medical examination; 3) Two ADIT-style color photographs; and, where applicable, also supported by evidence of inspection, admission or parole. Since you are over 14 years old, you must also submit a Form G-325A (Biographic Information) and if you have an arrest record, you must also submit certified copies of the records of disposition.

Question: What if I am inadmissible on some other ground?

Answer: Actually, with this type of petition, there are many provisions of the law that are excepted from inadmissibility statutes. Many of the other grounds of inadmissibility can be waived.

Since you have no other way to adjust status to that of a lawful permanent resident, you should start on this application as soon as possible.

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My Adopted Son is a U.S. Citizen

Posted on July 10, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: My wife and I were unable to have our own children. Therefore, we looked to adopt a child. Because this took years in the U.S., we decided to do an international adoption which has turned out to be much quicker. However, now that the adoption has gone through, we are unsure what must be done to bring our adopted child into the United States. Can you help?

Answer: Yes. Eduardo Aguirre, Director of U.S. Citizenship and Immigration Services (USCIS), today announced an important step toward the fulfillment of the Child Citizenship Act (CCA). USCIS is launching a CCA Program to simplify and streamline the process by which parents obtain a Certificate of Citizenship for their children.

“I want prospective parents, who are seriously considering international adoption, to know that the process just got a little easier. This program will help parents to more rapidly realize the privileges of American citizenship for their children. It accelerates reassurance of their child’s citizenship status,” said Director Aguirre.

One of the Director’s eight strategic initiatives, the CCA Program will eliminate the backlog of N-643 forms (Application for Certificate of Citizenship in Behalf of an Adopted Child) relating to children affected by the CCA. Additionally, the program will soon automatically provide Certificates of Citizenship to certain adopted children within 45 days of entry into the United States. These Certificates of Citizenship will be produced and mailed to the parents without application and without fee.

Managed from the USCIS Buffalo, New York District Office, the program will initiate 45-day processing for children who fall within the Immediate Relative visa category. This will be for adoptions whereby adoptions are made final overseas. This program will eliminate the issuance of a Permanent Resident Card for newly entering children, since these cards are not applicable to U.S. citizens.

Question: What must I do to fall under this program?

Answer: Assuming you are a U.S. Citizen and your child is under 18 years old, he or she will be considered to be an Immediate Relative. You must petition him or her for lawful permanent residency. Once this is done, then the adopted child can enter the United States. The moment the child takes one step in the United States, he or she will automatically become a U.S. Citizen. According to the new policy, the Certificate of Citizenship should be sent within about 45 days.

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We Have Hope Yet!

Posted on July 9, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: Ever since 1996 when the immigration laws changed to make it much more difficult for immigrants to come to the United States and to stay in the United States, many of my friends have been deported, and many more have had no hope of staying here legally in the United States. Is there any hope that any new laws might change this?

Answer: Actually, you are not alone. There are many people in Congress who have submitted bills which would allow people who have suffered from the 1996 laws and who are currently suffering to fall under new provisions of law to help them. While none of the following bills are actually law as of the present, they are at least on the table. This means that the anti-immigrant movement shown in the 1996 laws is showing Congress that it is harsh, unfair and a burden to families trying to meet the American dream. Here are some of the bills proposed in Congress right now:

The Development, Relief, and Education for Alien Minors (DREAM) Act of 2003: Introduced on July 31 by Senators Orrin Hatch (R-UT) and Richard Durbin (D-IL), S. 1545 would amend the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to again permit states to determine residency for in-state tuition purposes. The DREAM Act also would grant conditional permanent resident status to young people who came to the U.S. before the age of 16, have good moral character, have lived in the U.S. at least five years at the time of enactment, and have graduated from high school.

The Family Reunification Act of 2003: Introduced on June 24 by Representative Barney Frank (D-MA), H.R. 2585 would amend the INA to permit certain long-term permanent residents to seek cancellation of removal.

The Student Adjustment Act of 2003: Introduced on April 9 by Representatives Chris Cannon (R-UT), Howard Berman (D-CA), and Lucille Roybal-Allard (D-CA), H.R. 1684 would amend the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to permit states to determine state residency for in-state tuition purposes and would also provide for the adjustment of status of certain undocumented college-bound students.

The Central American Security Act: Introduced on March 17 by Representative Tom Davis (R-VA), H.R. 1300 would amend § 202 of the Nicaraguan Adjustment and Central American Relief Act (NACARA) to make certain Salvadorans, Guatemalans, and Hondurans eligible for relief under this section, and would give those individuals with applications for relief currently pending under § 203 the option of having their applications considered as applications for adjustment under § 202.

The Unity, Security, Accountability, and Family (USA Family) Act: Introduced by Representative Luis Gutierrez (D-IL) on January 29, H.R. 440 would: provide legal permanent residence to immigrants who have been living in the U.S. for 5 years or more; grant conditional legal status and work authorization to all law-abiding immigrants living in the U.S. for less than 5 years; repeal the 3- and 10-year bars to admissibility and the provisions that render aliens removable from the U.S. for having committed certain minor nonviolent offenses; and create an improved system of accountability that allows critical resources and manpower to be redirected to fight the war on terror.

The Legal Immigration Family Equity Act (LIFE Act) established a nonimmigrant category within the immigration law that allows the spouse or child of a U.S. citizen to be admitted to the United States in a nonimmigrant category. The admission allows the spouse or child to complete processing for permanent residence while in the United States. It also allows those admitted in the new category to have permission for employment while they wait processing of their case to permanent resident status.

Question: Are any of these items law yet?

Answer: Not yet. However, these are only a few of the bills in Congress at this time. However, we should write our representatives in Congress, and show our support for these bills. Hopefully, they will pass in the near future.

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